---
url: /about/legal/terms.md
description: >-
  Terms of Service for Electric DB Inc. governing access to and use of the
  Electric Services.
---

# Terms of Service

Last Updated: March 17, 2026

These Electric Terms of Service ("Terms") govern access to and use of Electric and related products and services that link to these Terms (collectively, the "Services"). These Terms form a legally binding agreement between you and Electric (defined in Section 26).

Electric may update these Terms from time to time to reflect changes to the Services. Electric may make changes effective immediately upon posting the updated Terms, unless a later effective date is stated. If Electric makes a material change, Electric will use commercially reasonable efforts to produce notice, such as by email to the address associated with your Account, through the dashboard, or through the Services. Certain changes required for security, legal compliance, or urgent operational reasons may be effective immediately without prior notice.

The Services may be subject to additional policies, guidelines, and documentation that are incorporated into these Terms by reference. If there is a conflict, these Terms control unless the policy expressly states otherwise. Electric may update policies from time to time. Changes become effective when posted. Electric will use commercially reasonable efforts to provide notice of material changes (e.g. by email or within the Services). Your continued use after the effective date constitutes acceptance of these policies.

The Services are primarily intended for Business Customers. If you qualify as a Consumer, mandatory consumer protection laws in your jurisdiction may apply. Nothing in these Terms excludes or limits rights or remedies that cannot legally be excluded or limited under applicable law. Where these Terms conflict with mandatory consumer law, mandatory consumer law controls only to the extent of the conflict.

By creating an account, clicking "I agree," placing an Order for a Subscription, or accessing or using the Services, you agree to these Terms. If you are accepting on behalf of an entity, you represent you have authority to bind that entity.

**IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SERVICES.**

## 1. Definitions

* "Account" means the account used to access or use the Services.
* "Account Data" means personal data and other information Electric collects or generates about Account owners and Authorized Users in connection with account administration, authentication, billing, support, security, compliance, and service improvement.
* "API" means Electric's application programming interfaces and endpoints.
* "Authorized Users" means individuals (including employees, contractors, and agents) you authorize to access the Services under your Account or Workspace.
* "Beta Features" means features labeled alpha, beta, preview, experimental, or similar.
* "Business Customer" means a customer using the Services for commercial, professional, organizational, or self-employed/freelance purposes.
* "Confidential Information" means non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including business, technical, product, security, and pricing information.
* "Consumer" means a customer using the Services primarily for personal or hobby purposes outside their trade, business, or profession.
* "Customer Content" means all data, messages, events, database changes, logs, metadata or other content submitted to, stored in, transmitted through, or processed by the Services on your behalf.
* "Data Protection Laws" means applicable privacy and data protection laws, including GDPR, UK GDPR, and CCPA/CPRA, and any successor or similar laws.
* "Documentation" means Electric's published documentation and technical guides.
* "Fees" means all fees payable for the Services, including subscription fees, usage-based charges, and overages, excluding Taxes unless stated otherwise.
* "Order" means an online checkout, Tier selection, or written order form (including any statement of work or other ordering document) accepted through the Services or executed by the parties.
* "Policies" means Electric's then-current policies, guidelines, and supplemental terms that apply to the Services and are referenced or linked from these Terms or the Services.
* "Read" means a request to retrieve or consume data from a Stream, including resumable reads from a specified offset.
* "Retention" means storage/retention of Customer Content over time, as measured by Electric's metering (e.g., byte-seconds converted to GB-months).
* "Services" means Electric's hosted cloud platform and related offerings that reference these Terms, including the dashboard, APIs, SDKs, and any related functionality provided by Electric.
* "Tier" means a pricing tier (e.g., PAYG, Pro, Scale) or any successor tiers/plans.
* "Third-Party Services" means third-party services, software, platforms, networks, or providers that interoperate with or are used in connection with the Services, including those used by Electric to provide the Services.
* "Usage" means consumption of the Services measured for billing, including Writes, Retention, and any other metered dimensions described in Documentation.
* "Write" means a write into a stream, including any chunking or segmentation described in Documentation.
* "Workspace" means a distinct account environment within the Services that Customer controls and uses to organize and manage Authorized Users, databases, streams, configurations, and related resources.

## 2. Our Services

### 2.1 What the Services do

Electric provides managed infrastructure for real-time data delivery, including durable ordered streams and related protocols and integrations. The Services may include Durable Streams, Postgres Sync components, APIs, dashboards, and SDKs.

### 2.2 What Electric does not do

Electric provides infrastructure for transporting and delivering data. Electric does not design, control, operate, or assume responsibility for your applications, your systems, or your end users. You are solely responsible for:

* Your applications and use cases, how you build, configure, deploy, and operate your applications and how you integrate with the Services, including all decisions about system architecture and data flows on your side.
* How your end users are authenticated and authorized, including how access permissions are determined and enforced, how API keys and credentials are issued and stored, and how you prevent unauthorized access.
* The creation, collection, use, transmission, storage, and processing of all Customer Content sent to or through the Services, including ensuring that:
  * Customer Content is accurate, lawful, and appropriate for your intended use;
  * you have all necessary rights, permissions, consents, and legal bases to process Customer Content (including personal data);
  * Customer Content does not violate any applicable law, third-party rights (including intellectual property and privacy rights), or contractual restrictions; and
  * Customer Content does not include prohibited data types or content under these Terms (including Section 7).
* Your compliance with all laws, regulations, and industry obligations applicable to your business and your use of the Services (including any requirements relating to regulated industries, data localization, data retention, recordkeeping, and consumer protection).
* Your relationship with your end users, including any terms, notices, privacy disclosures, and consents you must provide them, and any downstream use of data or outputs delivered through the Services.

Electric does not monitor, validate, or moderate Customer Content, and Electric has no responsibility for the content, legality, quality, or meaning of Customer Content or for how it is used or interpreted by you or your end users. You acknowledge that the Services function as a technical delivery mechanism only, and you bear sole responsibility for Customer Content and any results, actions, or decisions made based on Customer Content (including any content streamed to end users, agents, or client applications).

### 2.3 Not for regulated data by default

Unless Electric has expressly agreed in a written Order, enterprise agreement, or addendum signed by Electric, the Services are not designed, intended, or certified for compliance with industry-specific laws, regulations, or standards applicable to regulated data or regulated industries (collectively, "Regulated Workloads"). Regulated Workloads may include, for example and without limitation: healthcare and medical data requirements (e.g., HIPAA), payment card requirements (e.g., PCI DSS), financial services or banking secrecy requirements, government or public sector requirements, and any comparable regulatory, compliance, or certification obligations in other jurisdictions.

You are solely responsible for determining whether your use of the Services is subject to Regulated Workloads and for ensuring compliance with all applicable laws and requirements. You must not use the Services to process, transmit, store, or make available data subject to Regulated Workloads (including regulated health data, payment card data, regulated financial data, or government-restricted data) unless Electric has expressly agreed in writing to support such use and any required contractual arrangements are in place (for example, service-level agreement, sector-specific addendum, enhanced security terms, or other compliance documentation as applicable).

### 2.4 Service changes

Electric may modify, update, replace, suspend, or discontinue the Services (in whole or in part) at any time, including by adding or removing features, changing APIs, adjusting performance characteristics, modifying limits, or changing supported integrations, dependencies, or configurations. The Services may evolve frequently as part of product development and operational improvements. Electric does not guarantee that any feature, API, protocol, integration, or configuration option will remain available indefinitely.

Electric will use commercially reasonable efforts to provide advance notice of material changes that materially reduce core functionality of the Services or have a material adverse impact on your use of the Services ("Material Adverse Changes"), where practicable. Notice may be provided by email, in-product notification, dashboard notice, release notes, or other reasonable means.

Notwithstanding the foregoing, Electric may implement changes immediately and without prior notice where Electric determines, in its reasonable discretion, that the change is necessary to address a security risk, comply with applicable law, respond to third-party provider changes or outages, or perform urgent maintenance or operational work.

Your continued use of the Services after a change becomes effective constitutes acceptance of the Services as modified.

You are responsible for monitoring communications from Electric regarding the Services, including dashboard notices and published updates, and for making any changes required to your applications and systems to maintain compatibility with the Services.

## 3. Intended use

The Services are designed and offered primarily for business and professional use, including by companies, organizations, developers, and individuals acting in a professional capacity (such as freelancers, contractors, and sole traders).

## 4. Account registration and security

### 4.1 Registration and accuracy

To access the Services, you may be required to create an Account and provide registration information. You agree to provide true, accurate, current, and complete information and to promptly update it as needed. If you create or manage an Account on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms.

You are responsible for all activity that occurs under your Account, including activity by Authorized Users, and for ensuring your use of the Services complies with these Terms and applicable law. Electric may rely on your Account information (including Workspace settings, user roles, and permissions) as authoritative for access control and billing.

### 4.2 Account credentials security

You are responsible for maintaining the confidentiality and security of your Account credentials, access tokens, API keys, and any authentication mechanisms used to access the Services. You must not share credentials except with Authorized Users who require access for permitted use of the Services. All usage initiated through your credentials (including API calls, Writes, Retention configuration, and Workspace activity) will be deemed authorized by you, and you are responsible for all associated usage and Fees, whether or not the activity was specifically authorized by you, except to the extent caused by Electric's breach of these Terms.

### 4.3 Unauthorized access

You must notify Electric without undue delay (and in any event within 24 hours, where reasonably possible) if you know or suspect that your Account, credentials, API keys, or tokens have been compromised; or your systems have been breached in a way that could impact the Services or Customer Content. You may contact Electric at support@electric-sql.com. Electric may require you to take reasonable steps to mitigate risk, and Electric may suspend access under Section 15 where necessary to protect the Services or other customers.

## 5. Tiers, billing, and payment

### 5.1 Tier selection and limits

Electric does not charge for egress, reads, fan-out, or the number of connections. For clarity, any references to "unlimited egress" or "unlimited fan-out" refer to pricing, not a guarantee of unbounded capacity, and remain subject to (i) Tier limits, (ii) fair use protections, and (iii) Electric's right to protect the Services, including under Section 7 (Acceptable Use) and Section 7.5 (Fair Use and Protections).

You must select a Tier through the dashboard, checkout flow, or any customer portal we make available (including via our payment processor). Each Tier may include different features, pricing, usage entitlements, limits, and support levels, as described in the Services, Documentation, and/or your Order. Tier details may vary by region and may change over time in accordance with these Terms.

Electric may enforce Tier limits through technical controls, including rate limiting, throttling, restricting functionality, or requiring an upgrade. If you exceed your Tier limits or your usage threatens Service stability, Electric may temporarily restrict your usage or suspend the affected Workspace(s) in accordance with these Terms. You are responsible for monitoring your usage and Tier limits in the dashboard and for configuring the Services appropriately for your needs.

For the avoidance of doubt, Tier limits are part of the Services and may be updated from time to time. Additional pricing Tiers (e.g. for enhanced features) may also be introduced over time. Your continued use of the Services after a Tier update becomes effective constitutes acceptance of the updated Tier limits.

### 5.2 Usage metering

Electric measures usage using its internal metering and billing systems. Metered usage may include, without limitation:

* Writes, including chunked writes and protocol-level writes recorded by the Services;
* Retention, including time-based storage of Customer Content (for example measured continuously and converted to GB-month or similar);
* Tier-limited usage dimensions, such as the number of databases, streams, workspaces, users, concurrent readers per stream, API requests, or other usage or operational indicators where relevant to the Tier; and
* Any additional usage inputs described in the Services, dashboard, or Documentation (as may vary from time to time).

Electric's metering records are the system of record for billing and usage calculations as determined by Electric in their reasonable discretion, unless Electric confirms a material billing error in writing. Metering methods may evolve over time to improve accuracy and prevent abuse, including the use of aggregation, sampling, caching-aware measurement, and safety controls.

### 5.3 PAYG threshold

Under a PAYG Tier, Electric may waive charges below a threshold that is set in their absolute discretion (e.g. usage below $5 per month is waived). Electric may modify this threshold, eligibility for this threshold, and any other conditions over time in their absolute discretion.

Electric may require you to provide a valid payment method to use the Services (including before you exceed any waived threshold), to upgrade to a paid subscription Tier, or to continue using the Services once usage is billable. If you are required to provide a payment method, you must ensure it remains valid and you agree to pay all applicable Fees. You remain responsible for all Fees accrued through the date of suspension or termination. Electric may suspend or restrict usage immediately if a payment method is not provided when required, or if payment fails.

### 5.4 Billing cycle and invoices

Unless otherwise stated at checkout or in an Order:

* Subscription fees (if any) are billed in advance at the start of each billing period.
* Usage charges (Writes, Retention, and any applicable overages) are typically billed in arrears after the end of the billing period.

All Fees are billed in USD unless otherwise specified. Billing dates and charge timing may vary due to time zones, payment processing windows, and operational factors.

### 5.5 Unlimited egress

Electric's "unlimited egress" means Electric does not charge based on reads, fan-out, or connections. It does not mean that the Services can be used without regard to operational safety, technical constraints, or fairness across customers.

Electric may apply temporary or permanent protective measures at any time to preserve the stability, security, and reliability of the Services. Electric may enforce these protections even if your activity would otherwise be free from an egress pricing perspective. If Electric determines that your use materially threatens Service integrity or violates these Terms, Electric may in their absolute discretion require you to modify usage, upgrade Tiers, or may suspend the affected Workspace(s) under Section 15.

### 5.6 Disputed charges

If you wish to dispute Fees, you must notify Electric within 30 days of the invoice date, providing sufficient detail to permit review. You must pay all undisputed amounts on time. Failure to timely dispute an invoice constitutes acceptance of the charges.

If Electric confirms a billing error attributable to Electric, Electric will, at its option:

* issue a corrected invoice,
* apply a credit to a future invoice, or
* issue service credit (as appropriate).

Except where required by law, refunds are not guaranteed and credits are the preferred remedy for confirmed billing errors.

### 5.7 Taxes

Fees are exclusive of any taxes, duties, levies, or similar governmental assessments, including value-added tax (VAT), goods and services tax (GST), sales or use tax, and similar transaction taxes ("Taxes").

Where Electric is legally required to charge, collect, and remit Taxes, Electric will invoice such Taxes and you agree to pay them in addition to the Fees. Electric may calculate Taxes based on the billing address and other information you provide, and you are responsible for keeping that information accurate. Where applicable, you will provide Electric with any required tax information (including a valid VAT/GST registration number) and documentation supporting any claimed tax exemptions, reverse-charge treatment, or reduced rates. If you do not provide valid documentation or information, Electric may apply the tax treatment Electric reasonably determines based on the information available, and you agree to pay the resulting Taxes.

You are responsible for any taxes arising from your use of the Services that are not required to be collected by Electric, including taxes based on your income, payroll, or business operations.

If any withholding tax applies to payments you owe Electric, you will gross up the payment so that Electric receives the full invoiced amount, unless applicable law prohibits gross-up, in which case the parties will cooperate in good faith to minimize withholding and provide appropriate tax receipts or documentation.

### 5.8 No refunds

Except as required by law or expressly agreed by Electric in a written Order signed by Electric, all Fees are non-refundable, including subscription fees, usage charges, and overage charges. Cancelling a subscription does not entitle you to a refund for any prepaid period and does not relieve you of commitment obligations.

## 6. Subscriptions

### 6.1 Term and auto-renewal

If you purchase a subscription Tier, your subscription begins on the date of purchase (or as otherwise stated in an Order) and continues for the applicable subscription term (the "Subscription Term"). Unless you cancel in accordance with these Terms, your subscription will automatically renew for successive renewal terms of equal length (e.g., monthly or annually), and you authorize Electric (and its payment processor) to charge your payment method for the applicable Fees at the start of each renewal term.

Electric may provide renewal reminders or notices where required by law. You are responsible for ensuring your billing information remains current to avoid interruption.

### 6.2 Commitments

Certain Tiers may require a minimum commitment term (for example, Pro: six (6) months; Scale: twelve (12) months), as displayed at checkout, in the dashboard, or in an Order (each, a "Commitment Term"). If your Tier includes a Commitment Term:

* you agree to maintain the subscription for the full Commitment Term;
* you may cancel during the Commitment Term, but cancellation will take effect only at the end of the Commitment Term; and
* all subscription Fees for the Commitment Term remain payable and are not refundable, except as required by law or expressly agreed by Electric in writing.

For the avoidance of doubt, Commitment Terms apply on a per-Workspace or per-Order basis (as applicable), and any Tier downgrade or reduction in scope during a Commitment Term may be restricted or may take effect only at the end of the Commitment Term.

### 6.3 Cancellation

You may cancel your subscription by using the self-serve cancellation controls in the dashboard or by contacting support. Unless otherwise stated in an Order:

* cancellation takes effect at the end of your then-current billing period and any applicable Commitment Term;
* you will retain access to paid subscription features until the effective cancellation date; and
* you remain responsible for all Fees accrued through the effective cancellation date (including usage charges billed in arrears).

Downgrades (including moving to a lower Tier) may take effect immediately or at the end of the billing period, depending on the Tier and dashboard options. Electric may restrict downgrades that would exceed Tier limits or conflict with a Commitment Term.

### 6.4 Support levels

Support levels, channels, and availability may vary by Tier and may change over time. Support is intended to assist with the Services and does not include building or debugging your application code, providing legal or compliance advice, or guaranteeing response times or issue resolution. Electric may require verification of Account ownership before providing support and may limit or refuse support requests that are abusive, excessively burdensome, or outside the scope of the Services.

In certain instances, Electric may receive access to Customer Content, source code repositories, systems, logs, configuration data, or other materials from you in connection with Support services ("Customer Materials"). Electric may use Customer Materials solely to provide support, troubleshoot issues, and improve the Services. Electric will treat Customer Materials as Confidential Information and will not disclose them, except as permitted under these Terms. As between the parties, you retain all rights in Customer Materials, and Electric retains all rights in the Services and Electric IP. Any additional support services or implementation work may be governed by an Order or a separate services addendum.

Any guaranteed response times, availability targets, dedicated support resources, incident reporting commitments, or support SLAs apply only if explicitly set out in a written Order, Addendum, or enterprise agreement signed by Electric. Services are provided on an "as available" basis subject to Section 19 (Disclaimers).

## 7. Acceptable use and prohibited activities

You may use the Services only in compliance with these Terms, the Documentation, Policies, and applicable law. You must not use (or attempt to use) the Services in any manner that is unlawful, harmful, abusive, interferes with the operation of the Services, or negatively impacts other customers or Electric's systems.

Electric may monitor usage patterns to protect the Services, enforce these Terms, prevent abuse, comply with legal obligations, and maintain Service stability. Electric may suspend, throttle, restrict, or terminate access to the Services (in whole or in part) for violations of this Section 7 or where Electric reasonably determines your use presents a security, operational, or legal risk.

### 7.1 Security and abuse

You must not, and must not attempt to:

* probe, scan, or test the vulnerability of the Services or any related systems without Electric's prior written authorization;
* bypass, disable, compromise, or circumvent any authentication, security, or access control mechanisms;
* access or attempt to access any non-public portions of the Services, other customers' Workspaces, data, or systems, or any Electric systems not intended for customer access;
* interfere with, disrupt, or compromise the integrity or performance of the Services, including by introducing malicious code, malware, spyware, ransomware, trojans, worms, time bombs, or similar harmful components;
* conduct or facilitate denial-of-service attacks, request flooding, abusive traffic generation, or any activity that materially degrades the Services or networks connected to the Services; or
* perform penetration testing, vulnerability research, or security assessments except under a written agreement (including a bug bounty program if available).

### 7.2 Operational integrity and rate limits

You must not, and must not attempt to:

* bypass or evade rate limits, quotas, usage limits, or other protective controls (including by distributing requests across multiple accounts, workspaces, IPs, or credentials in a manner designed to circumvent restrictions);
* use automated systems, scripts, bots, scraping tools, or similar techniques in a manner that degrades Service performance, interferes with other customers, or creates disproportionate load;
* generate abnormal, artificial, or abusive traffic patterns, including patterns intended to defeat caching behavior, amplify origin load, or otherwise increase Electric's infrastructure costs in a way that is inconsistent with normal streaming/sync behavior;
* perform repeated bulk operations (including stream creation/deletion, database registrations, or constant reconnect loops) in a way that causes operational instability or excessive overhead; or
* use the Services in a manner that materially exceeds typical use patterns for your Plan or that threatens stability, even if it does not technically exceed stated limits.

Electric may apply safeguards such as throttling, temporary blocks, read/write restrictions, or stream-level controls to protect the Services.

### 7.3 Unlawful content and prohibited uses

You must not use the Services to create, upload, process, transmit, store, or make available Customer Content that:

* violates any law, regulation, or legal obligation;
* infringes, misappropriates, or violates any third-party rights, including intellectual property, privacy, confidentiality, or publicity rights;
* is fraudulent, deceptive, defamatory, harassing, threatening, abusive, hateful, discriminatory, or promotes violence;
* facilitates illegal activity, including unauthorized access, identity theft, or distribution of malware; or
* includes, promotes, or relates to child sexual abuse material or any exploitation of minors.

Electric may remove, restrict, or disable access to Customer Content where required by law or where Electric reasonably determines it violates this Section 7. Electric may report suspected illegal activity to law enforcement where required or appropriate.

### 7.4 Regulated and sensitive data restrictions

Unless Electric has expressly agreed in a written Order, enterprise agreement, or addendum signed by Electric, you must not use the Services to process, transmit, store, or make available data that is subject to heightened regulatory obligations, certification requirements, or sector-specific controls ("Regulated Data"), including without limitation:

* payment card data subject to PCI DSS requirements;
* protected health information or regulated medical data (e.g., HIPAA or comparable laws);
* regulated financial services data subject to banking secrecy or specialized compliance regimes, or comparable regimes;
* government-controlled, classified, export-controlled, or similarly restricted data; or
* any other data requiring specific audit standards, certifications, or contractual frameworks that Electric has not expressly agreed to provide.

You are solely responsible for determining whether your Customer Content constitutes Regulated Data and for complying with all applicable laws, notices, and consent requirements.

### 7.5 "Unlimited egress" fair use

Electric's "unlimited egress" refers to pricing and does not permit use of the Services in ways that are inconsistent with the intended purpose of streaming/sync/event delivery. You must not intentionally design traffic patterns to minimize caching efficiency or otherwise increase origin load (including repeated cache-busting strategies) in a manner that is abusive or inconsistent with typical streaming behavior. Electric may restrict, throttle, block, or suspend traffic or Workspaces that violate this Section 7.5, even if such usage would otherwise be "free egress" from a pricing perspective.

### 7.6 No competitive misuse

You must not:

* use the Services to develop, operate, or support a product or service that competes with the Services, where such use is based on Electric's Confidential Information, non-public features, or proprietary performance/behavior insights;
* access the Services for the purpose of benchmarking or competitive analysis intended for publication or external disclosure without Electric's prior written consent;
* reverse engineer, decompile, disassemble, or attempt to derive source code or underlying ideas of proprietary components of the Services except to the extent permitted by applicable law that cannot be excluded by contract.

For the avoidance of doubt, this Section 7.6 does not restrict the use of Electric's open source software in accordance with its applicable open source license terms.

## 8. Customer Content and data rights

### 8.1 Ownership

As between the parties, you retain all rights, title, and interest in and to Customer Content. Electric does not claim ownership of Customer Content.

Electric's role is solely to provide infrastructure for ingesting, retaining (as configured), and delivering Customer Content.

### 8.2 License to provide the Services

You grant Electric and its affiliates a worldwide, non-exclusive, royalty-free license to host, store, cache, copy, transmit, process, transform (including chunking or formatting), display, and otherwise use Customer Content solely to the extent necessary to provide the Services. This license includes the right for Electric to provide Customer Content to its sub-processors solely for the same purposes, subject to confidentiality and security obligations.

### 8.3 Responsibility for Customer Content

You are solely responsible for Customer Content and all consequences of transmitting, storing, processing, or delivering Customer Content through the Services. Without limiting the generality of the foregoing, you represent, warrant, and agree that:

* you have obtained and will maintain all rights, permissions, consents, notices, and lawful bases required to submit and process Customer Content (including personal data) through the Services;
* Customer Content and your use of the Services will not violate any applicable law or regulation, or any third-party rights (including intellectual property rights, privacy rights, confidentiality obligations, or contractual restrictions);
* you are responsible for implementing appropriate access controls and security measures in your applications to prevent unauthorized access or disclosure; and
* you are responsible for ensuring that any Customer Content sent through the Services is appropriate for streaming, caching, and delivery over the Internet.

Electric does not routinely review, monitor, or moderate Customer Content, and Electric is not responsible for the accuracy, legality, or appropriateness of Customer Content. You acknowledge that Customer Content may be processed automatically by the Services (including caching, distribution, and delivery mechanisms), and Electric's provision of the Services does not constitute approval of Customer Content. While Customer Content is processed primarily by automated systems, Electric may access Customer Content where reasonably necessary to provide support requested by you, address security or abuse, comply with law, or enforce these Terms.

## 9. Retention, deletion, and backups

### 9.1 TTL and automatic expiry

The Services may retain Customer Content based on your retention settings, including time-to-live ("TTL") and other retention controls, subject to your Tier limits and the technical behavior of the Services. You acknowledge that TTL and retention settings determine how long Customer Content remains available for read and replay.

Customer Content may be automatically deleted, expired, or made permanently unavailable when TTL expires, when retention windows roll off, or when you delete data. Expired or deleted Customer Content may not be recoverable. Electric is not responsible for any loss of Customer Content resulting from TTL expiry, retention settings you select, or automated lifecycle management.

You are responsible for configuring TTL and retention appropriately for your use case, including regulatory retention obligations, business continuity needs, and audit/logging requirements.

### 9.2 Customer-initiated deletion

Where supported through the dashboard or APIs, you may delete streams, messages, retained data, databases, and Workspaces. Deletion requests may take time to propagate and be applied across distributed systems, including edge caches, internal storage layers, backups, and replication systems.

You acknowledge and agree that:

* deletion may not be instantaneous;
* Customer Content may remain temporarily accessible in caches or internal systems while deletion propagates; and
* Electric may retain limited metadata or logs relating to your Account and usage (such as billing records and security logs) as required for operations, legal compliance, dispute resolution, and enforcement.

### 9.3 Account closure

Upon termination or closure of your Account or Workspace (whether initiated by you or Electric), Electric will delete Customer Content from active systems within a commercially reasonable timeframe, unless:

* retention is required to comply with applicable law, lawful requests, or regulatory obligations;
* retention is necessary to investigate or respond to security incidents, abuse, fraud, or suspected violations of these Terms;
* retention is required to establish, exercise, or defend legal claims;
* continued retention is necessary to complete deletion propagation through distributed systems and caches; or
* you request data export prior to closure and agree with Electric a method to export Customer Content, which may involve an administration fee.

### 9.4 Electric backups

Electric may maintain backups and resilience mechanisms to support disaster recovery, service integrity, and security investigations. Backup systems are not intended as a Customer Content archival service and are not guaranteed to capture or restore Customer Content at any specific point in time. Backup retention periods vary by system and may change over time. Electric does not guarantee any specific backup retention period. Electric is not obligated to restore Customer Content unless expressly agreed in writing.

### 9.5 Customer backups

You are solely responsible for maintaining independent backups, archives, and business continuity procedures if you require Customer Content to be retained. Electric is not responsible for loss of Customer Content resulting from your failure to maintain independent backups, misconfiguration of retention settings, or deletion actions taken through your Account.

## 10. Security

Electric maintains commercially reasonable administrative, technical, and physical safeguards designed to protect the Services and Customer Content against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access. These safeguards may include (as appropriate and evolving over time) encryption in transit, encryption at rest, access controls, monitoring, logging, segregation of customer environments, and vulnerability management processes.

However, no security measures are perfect, and Electric does not guarantee that Customer Content or the Services will be immune from unauthorized access, compromise, or other security incidents. As noted in Section 19, Services are provided on an "as is" basis only.

Security is a shared responsibility between Electric and you. You are responsible for securing your systems, applications, and end-user environments, including:

* implementing appropriate authentication and authorization controls for your end users;
* maintaining secure credential handling practices, including protecting API keys and tokens and rotating them when necessary;
* configuring the Services appropriately for your use case, including retention/TTL settings and access permissions;
* securing access to your HTTP streams and any stream URLs, endpoints, credentials, tokens, or keys used to access the Services. Electric data streams are secured by credentials and these credentials must not be leaked in client-side systems and client access must be guarded by a secure worker or API endpoint. If customers do not do this, you may enable unauthorized access to Customer Content, resulting in data disclosure or misuse;
* ensuring your application code, infrastructure, and client environments are not vulnerable to common security issues (including injection, insecure deserialization, credential leakage, and client-side compromise); and
* maintaining any required security and compliance controls applicable to your business, including for regulated data and sensitive workloads.

Electric is not responsible for security incidents or breaches caused by your misconfiguration, insecure code, your systems, your third-party services, or compromised credentials.

## 11. Third-Party Services and dependencies

The Services may depend on, interoperate with, or be delivered using third-party systems, networks, and service providers ("Third-Party Services"). Third-Party Services may include infrastructure providers, content delivery networks, payment processors, identity providers, and other operational dependencies used to operate and support the Services.

### 11.1 Core infrastructure sub-processors

For transparency, Electric's core sub-processors typically include:

* Amazon Web Services (AWS) (cloud hosting, compute, storage, and related infrastructure services);
* Cloudflare (CDN, hosting, compute, edge delivery, caching, DDoS mitigation, and related network services);
* Neon (admin database hosting); and
* Stripe (billing, invoicing, payment processing, and subscription management).

Electric may use additional vendors and sub-processors from time to time in connection with the Services (including logging, monitoring, analytics, customer support tooling, and incident response), and may add, replace, or discontinue Third-Party Services as operational needs evolve. A current list of sub-processors may be made available on request to support@electric-sql.com.

### 11.2 Sub-processor changes

Electric may add or replace sub-processors in the ordinary course of business. Where required by applicable law (including certain data protection laws), Electric will provide notice through reasonable means (such as the dashboard, email, or published sub-processor list) and will maintain commercially reasonable vendor selection and oversight practices consistent with the nature of the Services.

### 11.3 Customer-enabled third-party integrations

Some features may allow you to connect the Services with third-party products or services that you choose (for example, databases, hosting environments, observability tools, authentication providers, or application frameworks). If you enable or use such integrations:

* your relationship is with the applicable third party, and that third party's terms and policies apply;
* Electric is not responsible for Third-Party Services you select, including their security, performance, or availability; and
* Electric may exchange Customer Content or metadata with the third party only as necessary to provide the integration you enable.

You are responsible for ensuring that your use of any third-party integration complies with your obligations under these Terms and applicable law.

### 11.4 Availability and third-party failures

You acknowledge that Third-Party Services may experience outages, degradation, or failures that may affect the availability, latency, delivery, caching behavior, or performance of the Services. Electric will use commercially reasonable efforts to mitigate the impact of third-party incidents where practicable, but Electric does not control Third-Party Services and is not responsible for unavailability or performance issues caused by Third-Party Services, network conditions, or events outside Electric's reasonable control.

### 11.5 No implied warranties for third-party services

Third-Party Services are provided by their respective providers and are not warranted by Electric. Electric makes no representations or warranties regarding Third-Party Services and disclaims all liability arising from or related to Third-Party Services except to the extent caused by Electric's breach of these Terms.

## 12. Intellectual property and open source

### 12.1 Electric IP

Except for Customer Materials and Customer Content, Electric and its licensors retain all right, title, and interest in and to the Services, including all related technology and intellectual property rights, including:

* software, APIs, SDKs, libraries, client code, server code, protocols, and workflows;
* Documentation, technical specifications, and reference materials;
* the Electric platform, dashboards, configurations, and underlying architecture;
* all designs, trademarks, service marks, logos, and branding ("Marks"); and
* any improvements, enhancements, or derivative works of the foregoing.

No rights are granted to you by implication. All rights not expressly granted in these Terms are reserved by Electric.

### 12.2 Open source

Certain Electric software components are made available under separate open source licenses (for example, the Apache 2.0 for Electric's open source projects). Open source software is governed exclusively by the applicable open source license terms, and not by these Terms, except to the extent the open source software is accessed through or embedded in the managed Services.

For the avoidance of doubt:

* open source components may be used, modified, and distributed under their respective licenses;
* The Services (as defined in these Terms) are a commercial managed service and are not open source; and
* references to "Electric" in these Terms include the Services and Documentation, but do not override the rights granted to you under open source licenses.

### 12.3 Restrictions

Subject to your compliance with these Terms, Electric grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license during the Term to access and use the Services and Documentation solely for your internal business purposes (or professional purposes if you are an individual acting in a professional capacity).

You must not, and must not attempt to:

* copy, modify, reproduce, distribute, sell, resell, lease, sublicense, or otherwise make available any proprietary portion of the Services, Documentation, or Marks except as expressly permitted by these Terms or with Electric's prior written consent (including under an Order or a separate reseller/white label agreement);
* reverse engineer, decompile, disassemble, or attempt to derive source code from proprietary parts of the Services, except to the extent permitted by applicable law that cannot be excluded by contract;
* remove, obscure, or alter proprietary notices, attribution, or branding included in the Services or Documentation;
* access the Services to build or operate a competitive hosted service using Electric's proprietary technology, non-public features, or Confidential Information; or
* use the Services in a way that violates Section 7 (Acceptable Use), including abusive scraping, automated extraction of Documentation, or activity intended to circumvent technical protections.

## 13. Feedback

If you provide Electric with any feedback, ideas, feature requests, comments, suggestions, or other input regarding the Services or Documentation ("Feedback"), you acknowledge and agree that:

* Feedback is provided voluntarily and without obligation;
* Electric may use, evaluate, copy, modify, create derivative works from, disclose, commercialize, and otherwise exploit the Feedback for any purpose, without restriction and without any obligation to you or compensation due to you; and
* Electric may incorporate Feedback into the Services or other products or services without compensation, attribution, or notice.

For the avoidance of doubt, Feedback does not include Customer Content but may include review of Customer Materials. To the extent Feedback contains any intellectual property rights, you grant Electric a perpetual, worldwide, irrevocable, sublicensable, transferable, royalty-free license to use that Feedback as described above.

## 14. Confidentiality

"Confidential Information" means any non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information may include the Services and non-public aspects of Electric's technology, architecture, roadmaps, pricing, performance characteristics, security measures, and product tiers; business, financial, customer, marketing, and operational information; technical information, designs, specifications, documentation, and APIs not generally available; and any other information a reasonable business person would treat as confidential.

Customer Content is your Confidential Information unless it is publicly available through no fault of Electric.

The receiving party will (a) protect the disclosing party's Confidential Information using reasonable care (no less than the care it uses for its own similar information), (b) use it only as necessary to perform obligations or exercise rights under these Terms; and (c) not disclose Confidential Information to any third party except to personnel and advisors who have a need to know and are bound by confidentiality obligations at least as protective as these Terms. The receiving party may disclose Confidential Information to the extent required by law.

Confidential Information does not include information that the receiving party can demonstrate: (i) is or becomes publicly available through no breach of these Terms, (ii) was lawfully known before disclosure, (iii) was independently developed without use of the Confidential Information, or (iv) was lawfully received from a third party without breach of obligation.

These confidentiality obligations under this Section apply during the Term and for three (3) years thereafter, except for trade secrets, which remain protected for so long as they qualify as trade secrets under applicable law.

## 15. Suspension and termination

### 15.1 Suspension

Electric may immediately suspend, throttle, restrict, or limit your access to the Services (in whole or in part), including disabling Reads, Writes, stream creation, dashboard access, or Workspace access, if Electric reasonably determines that:

* you have violated Section 7 (Acceptable Use) or are using the Services in a manner that is unlawful, harmful, abusive, or interferes with the Services or other customers;
* your use poses a security risk, creates a material risk of unauthorized access or data compromise, or threatens the integrity, stability, or availability of the Services;
* Electric suspects fraud, credential compromise, or other unauthorized activity associated with your Account;
* Fees are overdue or payment fails, including during retries or collection attempts;
* Electric is required to do so by law, legal process, or a governmental request; or
* suspension is necessary to prevent or mitigate material operational, reputational, or legal risk to Electric, the Services, other customers, or the public.

Where reasonably practicable, Electric may provide notice of suspension and the general reason for the action. However, Electric may suspend without prior notice where immediate action is necessary for security, abuse prevention, legal compliance, or risk control.

Electric will use commercially reasonable efforts to restore access once the issue has been resolved, provided that Electric has no obligation to restore access if the underlying issue persists or if termination is permitted under Section 15.2.

### 15.2 Termination

a. Termination by you. You may terminate these Terms by cancelling your Account or the applicable Workspace through the dashboard. Termination takes effect in accordance with Section 6 (Subscriptions and Commitments), including any applicable Commitment Term and end-of-billing-period timing.

b. Termination by Electric for cause. Electric may terminate these Terms (or any Workspace, feature, or portion of the Services) immediately upon notice if you:

* materially breach these Terms (including Section 7),
* fail to pay Fees when due and do not cure within a reasonable period after notice (where practicable), or
* repeatedly violate or evade Service protections, rate limits, or operational controls.

c. Termination by Electric at discretion. Electric may also terminate these Terms, or suspend/terminate access to the Services (in whole or in part), at any time for any reason or no reason, in Electric's discretion, by providing reasonable notice where practicable. Electric may, in its discretion, terminate only a specific Workspace, feature, integration, or Beta Feature without terminating the entire Account. Notwithstanding the foregoing, Electric may terminate immediately without notice where Electric determines termination is necessary for security, legal compliance, fraud prevention, or to prevent material harm.

### 15.3 Effect of termination

Upon suspension or termination (or upon the effective date of cancellation):

* you must immediately stop accessing and using the Services (including APIs, SDKs, and dashboard access), except where continued limited access is permitted solely to export Customer Content if supported by the Services;
* your rights and licenses granted under these Terms will end;
* Electric may delete Customer Content in accordance with Section 9 (Retention and Deletion), and you acknowledge that Customer Content may become permanently unavailable after deletion or TTL expiry; and
* all Fees and charges accrued through the effective date of termination (including usage charges billed in arrears, overages, and any unpaid invoices) remain immediately due and payable.

Electric is not liable for any loss of data, loss of access, or interruption resulting from suspension or termination permitted under these Terms.

### 15.4 Survival

Sections that by their nature should survive termination or expiration of these Terms will survive, including without limitation: Sections 5 (Fees and Billing) (for accrued payment obligations), 7 (Acceptable Use), 8 (Customer Content and Data Rights), 9 (Retention and Deletion), 12 (Intellectual Property and Open Source), 13 (Feedback), 14 (Confidentiality), 15 (Suspension and Termination), 19 (Disclaimers), 20 (Limitation on Liability), 21 (Indemnification), and 22 (Governing Law).

## 16. Modifications, interruptions, and Beta Features

Electric may modify, update, replace, restrict, suspend, or discontinue the Services (in whole or in part) at any time, including by adding or removing features, changing APIs, changing supported integrations, adjusting limits, or changing performance characteristics. Electric is not obligated to maintain or support any particular feature, configuration, integration, version, or compatibility layer.

Electric will use commercially reasonable efforts to provide advance notice of material adverse changes where practicable, including via the dashboard, release notes, or email. However, Electric may make changes without notice where Electric determines, in its reasonable discretion, that immediate action is required for security, legal compliance, abuse prevention, operational stability, or urgent maintenance.

The Services may experience interruptions, delays, performance degradation, or errors from time to time, including due to maintenance, upgrades, emergency fixes, provider outages, network conditions, or factors outside Electric's reasonable control.

Electric may perform scheduled or unscheduled maintenance. Where practicable, Electric will provide advance notice of planned maintenance that may materially affect availability. Electric does not guarantee that the Services will be uninterrupted, timely, secure, or error-free.

Electric may offer certain features, products, or functionality in alpha, beta, preview, experimental, or similar form ("Beta Features"). Beta Features are provided AS IS and AS AVAILABLE, may contain defects, may be unstable, may not be supported, and may change or be discontinued at any time without notice. Beta Features may have reduced security, reliability, availability, or performance compared to generally available features. Electric makes no commitments regarding continued availability, backwards compatibility, or data durability for Beta Features, and Electric may exclude Beta Features from any support commitments, service levels, or uptime credits unless expressly stated in a written Order.

To the fullest extent permitted by law, Electric will not be liable for any modification, suspension, discontinuance, interruption, or unavailability of the Services (including any Beta Features), including any resulting loss of data, loss of revenue, loss of profits, loss of goodwill, or business interruption, except to the extent caused by Electric's breach of these Terms and not otherwise disclaimed or limited herein.

## 17. Data protection

To the extent Customer Content includes "Personal Data" or "Personal Information" (as defined under applicable privacy and data protection laws, including GDPR, UK GDPR, and CCPA/CPRA), you are responsible for determining the purposes and means of processing and for complying with applicable Data Protection Laws (including providing required notices, obtaining lawful bases or consents, honoring end-user rights, and implementing appropriate security controls in your applications). Electric processes such data solely to provide, secure, and support the Services, prevent abuse, and comply with law. Electric also processes account and administrative data relating to its relationship with you and your Authorized Users (such as contact details, authentication identifiers, billing information, support communications, and security logs) in accordance with its Privacy Policy.

Where required by Data Protection Laws, Electric will make available a [Data Processing Addendum](/about/legal/dpa) ("DPA") that governs Electric's processing of Personal Data within Customer Content as a processor/service provider (including sub-processing and international transfers where applicable). If a DPA is required for your use of the Services, the DPA is incorporated by reference and becomes part of these Terms upon acceptance in-product or execution by the parties. If there is a conflict between the DPA and these Terms regarding the processing of Customer Content Personal Data, the DPA will control to the extent of the conflict.

## 18. IP infringement

Because Electric provides infrastructure and does not control Customer Content, Electric does not adjudicate disputes, but may take action as required by law or to protect the Services.

Electric respects intellectual property rights and will respond to valid infringement notices where appropriate. If you believe that content made available through the Services infringes your intellectual property rights, you may notify Electric at support@electric-sql.com.

Electric may, in its discretion, remove or disable access to the identified material, suspend or terminate Accounts for repeat infringement, and take other actions consistent with applicable law and these Terms.

## 19. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES (INCLUDING ALL SOFTWARE, APIs, SDKs, DOCUMENTATION, CONTENT, AND ANY BETA FEATURES) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

### 19.1 No warranties

ELECTRIC DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, RELIABILITY, OR COMPLETENESS, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ELECTRIC DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS.

### 19.2 No guarantee of continuous availability or delivery

Electric does not guarantee uninterrupted, timely, or lossless delivery under all real-world conditions, including without limitation network failures, client disconnections, browser/device sleep, DNS routing issues, service provider outages, cache behavior, regional failures, traffic spikes, scheduled or emergency maintenance, or your misconfiguration and implementation choices. Features such as durability, ordering, and resumability depend on correct configuration and may be affected by factors outside Electric's control.

### 19.3 Customer content and third parties

Electric does not control, review, or monitor Customer Content and makes no representations or warranties regarding Customer Content. You are solely responsible for your Customer Content, applications, and how you use or rely on data delivered through the Services. The Services may depend on Third-Party Services and Electric is not responsible for failures caused by third parties or events outside Electric's reasonable control.

### 19.4 Beta features

BETA FEATURES ARE PROVIDED "AS IS" AND MAY BE EXPERIMENTAL OR UNSTABLE, AND MAY BE CHANGED OR DISCONTINUED AT ANY TIME. ELECTRIC DISCLAIMS ALL WARRANTIES AND SUPPORT OBLIGATIONS FOR BETA FEATURES TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNLESS EXPRESSLY STATED IN A WRITTEN ORDER.

### 19.5 No compliance or legal advice

Electric does not provide legal, regulatory, or compliance advice. You are solely responsible for determining whether your use of the Services complies with applicable laws, regulations, and industry requirements.

## 20. Limitation of liability

### 20.1 Excluded damages

To the maximum extent permitted by applicable law, Electric and its affiliates, officers, directors, employees, agents, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business, goodwill, data, use, or business interruption, arising out of or related to the Services or these Terms, even if Electric has been advised of the possibility of such damages and regardless of the theory of liability (whether in contract, tort, negligence, strict liability, or otherwise).

### 20.2 Aggregate liability cap

To the maximum extent permitted by applicable law, Electric's total aggregate liability arising out of or related to the Services or these Terms will not exceed the total Fees paid by you to Electric for the Services during the six (6) months immediately preceding the event giving rise to the claim.

This limitation applies in the aggregate across all claims and causes of action, including claims relating to Customer Content, loss of data, security incidents, downtime, service interruptions, and delays.

### 20.3 Special cap for PAYG customers benefiting from the waived fees

If you use the Services on a PAYG Tier or trial where your Fees to Electric for the Services during the applicable period were waived, Electric's total liability for all claims will not exceed US$100 (or the equivalent in local currency), to the maximum extent permitted by law.

### 20.4 Time limit to bring claims

To the maximum extent permitted by applicable law, any claim arising out of or related to these Terms or the Services must be brought within one (1) year after the cause of action accrues, otherwise the claim is permanently barred.

### 20.5 Basis of bargain

You acknowledge that the Fees reflect the allocation of risk in these Terms and that the limitations in this Section 20 are an essential basis of the bargain between the parties.

## 21. Indemnification

### 21.1 Business customers

If you are a Business Customer, you will defend, indemnify, and hold harmless Electric, its affiliates, and their respective officers, directors, employees, contractors, and agents (collectively, the "Electric Parties") from and against any third-party claims, demands, investigations, liabilities, damages, losses, judgments, settlements, penalties, fines, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your Customer Content, including any allegation that it infringes, misappropriates, or violates intellectual property, privacy, publicity, confidentiality, or other rights; (b) your collection, use, retention, disclosure, or processing of Personal Data through the Services and any instructions you provide to Electric regarding such processing; (c) your applications, products, systems, and end-user relationships, including any representations, warranties, service levels, or commitments you make to others; (d) your breach of these Terms (including Acceptable Use) or your violation of applicable law or regulation; or (e) any unauthorized access to or misuse of the Services through your Account, credentials, or API keys, including resulting from your failure to implement reasonable security controls.

### 21.2 Indemnification process

Electric will provide you with notice of an indemnifiable claim to the extent reasonably practicable. Your indemnification obligations will not be reduced due to any delay in notice, except to the extent you are materially prejudiced by the delay.

Electric may, at its option:

* assume the exclusive control of the defense and settlement of the claim (in which case you will cooperate reasonably and provide assistance at your expense); or
* require you to defend the claim using counsel reasonably acceptable to Electric.

You may not settle any indemnified claim in a manner that imposes liability, restrictions, or obligations on any Electric Party (including any admission of fault) without Electric's prior written consent, which will not be unreasonably withheld or delayed. Electric may participate in the defense with counsel of its own choosing at its own expense.

### 21.3 Consumers

If you are a Consumer, this Section 21 applies only to the extent permitted by mandatory law. Nothing in these Terms requires a Consumer to indemnify Electric for Electric's own negligence, breach of contract, or unlawful conduct where such indemnity would be unenforceable under applicable consumer protection laws.

## 22. Governing law and jurisdiction

Nothing in these Terms limits any rights or remedies you may have under mandatory laws in your jurisdiction that cannot be excluded by contract. If any provision of these Terms conflicts with mandatory law, that mandatory law controls to the extent of the conflict.

These Terms and any dispute arising out of or relating to the Services or these Terms will be governed by the laws of the State of Delaware (United States), excluding its conflict of laws rules.

You agree that any dispute arising out of or relating to these Terms or the Services will be brought exclusively in the state or federal courts located in Delaware (United States), and you consent to the personal jurisdiction of those courts.

Nothing in this Section 22 prevents either party from seeking urgent injunctive or equitable relief in any court of competent jurisdiction.

## 23. Export controls and sanctions

You will comply with all applicable export control, trade compliance, and economic sanctions laws and regulations in connection with your access to and use of the Services, including as applicable the laws of the United States, the United Kingdom, the European Union, and any other relevant jurisdictions ("Export and Sanctions Laws"). Electric may suspend or terminate access to the Services (in whole or in part) immediately if Electric reasonably determines that continued provision of the Services could violate Export and Sanctions Laws or create sanctions-related risk for Electric, its affiliates, or its service providers.

## 24. Notices

Electric may provide notices, disclosures, and communications to you electronically, including by email, through the dashboard, through the Services, or by posting updated Terms within the Services. Notices are deemed delivered:

* when sent by email (at the time sent to the email address associated with your Account),
* when posted in the dashboard or Services (at the time of posting), or
* when otherwise made available within the Services.

You are responsible for maintaining accurate and current Account contact information (including your email address) and for ensuring that you can receive emails from Electric (including checking spam/junk folders and allowing necessary domains). Electric is not responsible for notices that you do not receive due to outdated contact information or filtering.

Notices to Electric must be provided in writing and sent to:

* support@electric-sql.com (for operational, billing, or general notices), and
* For formal legal notices: To Electric DB Inc., Corporation Trust Center, 1209 Orange St, County of New Castle, Wilmington, State of Delaware, 19801, United States,
* or to any other address Electric designates in writing.

Electric may require that certain notices (including termination notices, disputes, legal process, or privacy requests) include sufficient detail to identify your Account, Workspace, and the subject matter of the notice.

## 25. Miscellaneous

### 25.1 Entire agreement

These Terms, together with any applicable Orders, Policies, Documentation, and any DPA (if executed or accepted), constitute the entire agreement between you and Electric regarding the Services and supersede all prior or contemporaneous agreements, proposals, marketing statements, or communications, whether oral or written, relating to the Services.

### 25.2 Order of precedence

If there is a conflict between documents, the following order of precedence applies (unless explicitly stated otherwise in an Order):

1. an applicable Order (including any Tier-specific or negotiated terms),
2. an applicable DPA (solely for conflicts related to Personal Data processing),
3. these Terms, and
4. the Policies referenced in these Terms and/or any Documentation.

Documentation may describe features and technical requirements but does not modify these Terms unless expressly incorporated by reference and stated to be binding.

### 25.3 Assignment

Electric may assign, transfer, or novate these Terms (in whole or in part) to an affiliate or successor in connection with a merger, acquisition, corporate reorganization, change of control, or sale of all or substantially all of its assets, or by operation of law.

You may not assign, transfer, or delegate these Terms (including by operation of law or change of control) without Electric's prior written consent, and any attempted assignment in violation of this Section is void. Subject to the foregoing, these Terms bind and benefit the parties and their permitted successors and assigns.

### 25.4 Force majeure

Neither party will be liable for any delay or failure to perform (except payment obligations) caused by circumstances beyond its reasonable control, including acts of God, natural disasters, epidemics or pandemics, war, terrorism, civil unrest, labor disputes, power failures, internet or telecommunications outages, denial-of-service attacks, government actions, or failures of third-party hosting, CDN, or payment providers.

### 25.5 Severability

If any provision of these Terms is held to be unlawful, invalid, or unenforceable, that provision will be severed to the minimum extent necessary and the remainder of these Terms will remain in full force and effect. The parties will use commercially reasonable efforts to replace the invalid or unenforceable provision with a valid provision that most closely reflects the original intent and economic effect.

### 25.6 No waiver

A party's failure to enforce any right or provision of these Terms is not a waiver of that right or provision. Any waiver must be in writing and signed by the party granting the waiver. A waiver of one breach is not a waiver of any subsequent breach.

### 25.7 No third-party beneficiaries

Except as expressly stated (for example, Electric's affiliates and indemnified parties), these Terms do not confer any rights or remedies on any third party.

### 25.8 Electronic communications & signatures

You consent to receiving communications, notices, and records electronically, including through email and the Services, as described in Section 24. To the extent permitted by law, you agree that electronic signatures and acknowledgements (including "click-through" acceptance) are binding and enforceable, and satisfy any legal requirement for a written and signed agreement.

## 26. Contact us

Email: support@electric-sql.com

Address of Electric DB Inc. ("Electric"): 2120 University Avenue, Berkeley, CA 94704