Documents
Terms of Use
Date last modified: April 30, 2026
Welcome to beehiiv. This is a legally binding agreement between beehiiv Inc. (“beehiiv”, “we”, or “us”) and you. These Terms of Use (these “Terms”) govern your access and use of our products and services, including without limitation, those provided through https://www.beehiiv.com/ (collectively, “Services”), whether as a guest or a registered user.
1. Introduction.
Acceptance.
By using the Services in any manner: (i) you agree to these Terms; (ii) you authorize the collection, use, disclosure and other handling of information as set forth in the Privacy Section of these Terms; and (iii) you agree that your use of the Services and your Content will comply with these Terms and our Acceptable Use Policy, which is incorporated into these Terms by this reference. If you do not agree, you may not use the Services.
Modification of Terms.
From time to time, we may, in our sole discretion, update these Terms by posting the updated version and updating the date at the top of the page. We will generally provide not less than seven (7) days advance notice of any updates to these Terms, except where immediate effect is required by law, security or abuse prevention. Unless you reject the updated Terms by: (i) in the case of a free account, deleting your account (which can be done by visiting your Workspace Settings); or (ii) in the case of a paid subscription, cancelling your subscription (which can be done by visiting your Workspace Settings or if your subscription is on a custom billing arrangement, contacting your Customer Success Manager or Support in absence of one), prior to the effective date provided by us, your continued use of the Services will be deemed to accept the changes and they will take effect at the earlier of: (a) 11:00 a.m. Eastern time on the 7th day after beehiiv posts them (or a later date that we specify in the update, if any); or (b) your taking some other action to specifically accept the updated Terms, such as clicking to accept them. Regarding paid subscriptions that are timely cancelled as set forth in this section: (i) your plan will not renew; (ii) your plan will terminate at the end of your then-current billing period; and (iii) you may continue to use the Services through the end of the then-current billing period under the prior version of the Terms. You agree to review these Terms periodically to ensure that you are familiar with the most recent version.
Orders.
You may purchase, upgrade, downgrade or modify subscriptions to the Services through one or more ordering methods offered by beehiiv from time to time, including a signed order form, an online checkout flow, or an invoice issued by beehiiv (each, as accepted in accordance with these Terms, an “Order”). You accept an Order when you sign the Order, access the Services described in the Order or pay the invoice. Each Order forms part of these Terms and updates only the commercial terms specified in that Order. All other provisions of these Terms remain unchanged. If there is a conflict between an Order and these Terms with respect to commercial terms, the Order controls. All Orders are un-cancellable, except as expressly set forth in these Terms or in the Order.
The Services are not intended for use by persons under the age of 18. If you are under 18 years of age, you are not authorized to use the Service, with or without registering.
You agree not to use the Services if we have prohibited you from using them.
When using the Services on behalf of an organization, you agree to these Terms on behalf of that organization, and you represent that you have the authority to do so.
BY USING THE SERVICES, YOU AGREE TO THE CLASS ACTION WAIVER AND JURY WAIVER PROVISIONS CONTAINED IN SECTION 13 OF THESE TERMS.
2. Privacy.
When we process personal data of your readers, listeners, website visitors, email list members and/or others to whom you send your Content (“Your Users”) in compliance with these Terms, on your behalf to provide the Services, our Data Protection Addendum (“DPA”) applies and is incorporated into these Terms by this reference, except where you and beehiiv may agree otherwise in writing.
With respect to all other personal data, you authorize our collection, use, and other handling of the data as set forth in our privacy policy, currently located at beehiiv.com/privacy (the “Privacy Policy”), which is incorporated into these Terms by this reference.
You must comply with all applicable legal requirements in relation to data about Your Users, including by providing any notices and obtaining any consents that are legally required for your and our collection, use, and disclosure of that data. Without limiting the foregoing, you must obtain any legally required consent for your deployment of cookies, pixels, or similar technology through the Services.
3. Access and Use.
Provision of Access.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, license to access and use the Services in accordance with your Order.
Service Changes.
We may modify the Services from time to time (including by adding, removing, or changing features) to improve the Services, comply with law, address security or abuse risks, or to mitigate a material operational risk. We may suspend or discontinue any free, beta, or trial features and accounts at any time. For paid accounts, we will not materially reduce the core functionality of the Services during your then-current subscription term without providing reasonable notice, except where necessary to comply with law, address security or abuse risks, or to mitigate a material operational risk. If we make a material reduction in core functionality not covered by the foregoing exceptions and you are materially adversely affected, your exclusive remedy is to cancel the affected Order, cease use of the Services and receive a pro-rated refund of any prepaid fees for the unused portion of the then-current term. Except as expressly set forth in this Section, we will not be liable for any modification, suspension, or discontinuance of the Services.
Use Restrictions.
You shall not use the Services for any purposes beyond the scope of the access granted in these Terms. You shall not at any time, directly or indirectly, and shall not permit any Authorized Users (as defined below) to: (i) copy, modify, or create derivative works of the Services, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make the Services available to third parties; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part; (iv) remove any proprietary notices from the Services; (v) use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law; or (vi) engage in or use any data mining, robots, crawling, scraping or data gathering or extraction methods. If you are not permitted to access the Services or your IP address has been blocked, you agree not to circumvent or attempt to circumvent such blocking, including by masking your IP address or using a proxy IP address.
Reservation of Rights.
beehiiv reserves all rights not expressly granted to you in these Terms. Except for the limited rights expressly granted under these Terms, nothing in these Terms grants, by implication, waiver, estoppel, or otherwise, to you or any third party any intellectual property rights or other right, title, or interest in or to the beehiiv IP.
Suspension.
Notwithstanding anything to the contrary in these Terms, beehiiv may temporarily or permanently suspend your and any Authorized User's access to any portion or all of the Services (including by stopping the operation of the Services or any portion of the Services for you) if: (i) beehiiv reasonably determines that (A) your use of the Services or your Content violates the Acceptable Use Policy or otherwise violates these Terms; (B) there is a threat or attack on any of the Services; (C) your or any Authorized User's use of the beehiiv IP disrupts or poses a security risk to the Services or to any other user or vendor of beehiiv; (D) you, or any Authorized User, is using the Services for fraudulent or illegal activities; (E) subject to applicable law, you have ceased to continue business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding; or (F) beehiiv's provision of the Services to you or any Authorized User is prohibited by applicable law; or (ii) any vendor of beehiiv has suspended or terminated beehiiv's access to or use of any third-party services or products required to operate the Services or enable your access to the Services (any such suspension described in subclause (i) or (ii), a “Service Suspension”). beehiiv is not required to receive, compile, or maintain communications or data of any nature for you (such as a record of unsubscribe requests) during a Service Suspension or after a termination of any nature. beehiiv shall comply with any legal obligation to provide written notice of any Service Suspension to You and to provide updates regarding resumption of access to the Services following any Service Suspension. beehiiv will use commercially reasonable efforts to resume providing access to the Services after the event giving rise to the Service Suspension is cured. beehiiv will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that you or any Authorized User may incur as a result of a Service Suspension.
Aggregated Statistics.
Notwithstanding anything to the contrary in these Terms, beehiiv may monitor your use of the Services and collect and compile data and information related to your use of the Services that can be used by beehiiv in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Services (“Aggregated Statistics”). As between beehiiv and you, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by beehiiv. You acknowledge that beehiiv may compile Aggregated Statistics based on your Content (as defined below). You agree that beehiiv may: (i) make Aggregated Statistics publicly available in compliance with applicable law; and (ii) use Aggregated Statistics to the extent and in the manner permitted under applicable law; provided, that such Aggregated Statistics do not identify you or Your Users.
4. Your Responsibilities.
General.
You are responsible and liable for all uses of the Services resulting from access provided by you, directly or indirectly, whether such access or use is permitted by or in violation of these Terms. “Authorized User” means employees, consultants, contractors, and agents who are authorized by you to access and use the Services under the rights granted to you pursuant to these Terms. Without limiting the generality of the foregoing, you are responsible for all acts and omissions of Authorized Users, and any act or omission by an Authorized User that would constitute a breach of these Terms if taken by you will be deemed a breach of these Terms by you. You shall use reasonable efforts to make all Authorized Users aware of these Terms' provisions as applicable to such Authorized User's use of the Services, and shall cause Authorized Users to comply with such provisions.
Accurate Information.
To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. As a condition of your use of the Services, all information you provide must be correct, current, and complete. You agree that all information you provide to register with the Services or otherwise, including, but not limited to, through the use of any interactive features on the Services, is governed by these Terms, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
Account Confidentiality & Security.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
Reporting Abuse.
To report spam originating from the Service, please forward the message to [email protected]. If you suspect any attempts to circumvent the system or abuse related to the Services, please report it to [email protected] for possible investigation.
5. Fees.
beehiiv Fees.
You agree to pay to beehiiv the fees for each Service you purchase in accordance with your Order. By subscribing, you authorize us, through the use of our payment processor, which is currently Stripe, to charge your payment credentials now, and again at the beginning of any subsequent subscription period. You authorize us, through the use of our payment processor, to receive updated information from your payment provider (e.g., new credit card number or updated expiration date). All fees are non-refundable.
Payment Processor's Restrictions.
beehiiv's payments are processed through Stripe, which excludes certain types of businesses and those who employ certain practices from using their service. Please refer to the Stripe Service Agreement (see the US agreement here) for information about restricted business categories and practices.
Taxes on Fees.
All fees payable by you for use of the Services are exclusive of taxes and similar assessments. You are responsible for any and all applicable federal, state, local, and foreign taxes, duties, tariffs, levies, withholdings, and similar assessments (including without limitation, sales, use, and value added taxes) of any kind imposed by any governmental or regulatory authority on any amounts payable by you to beehiiv, other than any taxes imposed on beehiiv's income.
Payment Failures.
If any payment method fails, is declined, is reversed (including chargebacks), or we reasonably suspect fraud or unauthorized payment activity, we may immediately suspend access to the Services (in whole or in part) and/or cancel the affected account. If you purchase on an invoice under an Order with stated payment terms, we may suspend access and/or cancel for nonpayment after the applicable invoice due date (and any cure period expressly stated in the Order, if any).
Renewals.
We will automatically charge your payment method each renewal period for the then-current subscription fee until you cancel or when terminated in accordance with these Terms. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically renew for an additional equivalent period at the same price (unless pricing is changed in accordance with these Terms).
Price Changes.
Unless otherwise specified in your Order, we may change the subscription terms or subscription fees at any time on a going forward basis by providing not less than thirty (30) days advance notice. Your continued use of the Services after the changes become effective will constitute your acceptance of the changes. If you do not wish to continue subscribing with the new fees, you may cancel your subscription. If you accept the new subscription, its terms and conditions will apply for that renewal and all renewals going forward.
Cancelling your Subscription.
You may cancel or change your subscription by contacting us. Depending on your plan, you can do this by visiting your Workspace Settings or by contacting your beehiiv Customer Success Manager or relationship manager. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. If you downgrade to a lower subscription tier, you will continue to have access to your then-current higher tier until the end of your then-current subscription term.
Trial / Introductory Rates.
From time to time, we may offer trial, discounted, or other promotional subscription fees. Such trial or promotional subscriptions are subject to these Terms. Only one trial or promotional subscription is available per customer and may not be combined with any other promotion, except as otherwise stated in the promotional offer. If your subscription is cancelled or terminated for any reason, and you purchase an additional subscription, you may not be eligible to take advantage of another promotional rate offer. If your subscription includes a discount or promotional rate, you will be charged the promotional rate for the relevant number of subscription periods, and upon completion of the promotional period, your subscription will continue to automatically renew at the then-current subscription fee. To cancel and avoid being charged the full rate, you must notify us before the discount or promotional period ends. Please note that we do not provide price protection or refunds in the event of a price drop or promotional offering.
Fees Payable to You.
Sometimes, participation in programs offered by beehiiv, such as participation in the Ad Network, involve payment from beehiiv to you. In such case, the fees will be payable in accordance with the Order or other terms between us. In the event any such fees are the result of a violation of our Acceptable Use Policy (for example when ad revenue is the result of fraudulent or otherwise improper clicking on ads), such fees shall not be owed by beehiiv.
6. Intellectual Property; Ownership; Feedback.
beehiiv IP.
“beehiiv IP” means the Services and any intellectual property provided to you or any Authorized User by beehiiv in connection with performing the Services. For the avoidance of doubt, beehiiv IP includes Aggregated Statistics, but does not include your Content or any of your or Your Users' personal information. You acknowledge that, as between you and beehiiv, beehiiv owns all right, title, and interest, including all intellectual property rights, in and to the beehiiv IP.
Feedback.
If you suggest or recommend changes to the beehiiv IP, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (collectively, “Feedback”), beehiiv is free to use such Feedback irrespective of any other obligation or limitation between the parties governing such Feedback. You hereby assign to beehiiv on your behalf, and on behalf of your employees, contractors and/or agents, all right, title, and interest in, and beehiiv is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although beehiiv is not required to use any Feedback.
Your Content.
First and foremost, you own what you create. Any original Content you post, upload, share, store, or otherwise provide to beehiiv remains yours and beehiiv makes no claim to own it. “Content” means all information, data, and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by or on behalf of you or an Authorized User to be published through the Services, other than Aggregated Statistics. By submitting, providing, or otherwise making available any Content on or through the Services to be published, you expressly grant to beehiiv a limited, royalty-free, sublicensable, non-exclusive, worldwide license and right to use, reproduce, publish, list information regarding, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such Content and your name, voice, and/or likeness as contained in your Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services, including without limitation for promoting and redistributing part or all published Content (and derivative works thereof). Without limiting any of the foregoing, you continue to retain the right to have your Content removed from any part of the Services.
Content Representations.
You represent and warrant that: (i) you own or control the appropriate rights in and to your Content, including any intellectual property owned by third parties; and (ii) you will not submit, upload, or otherwise make available via the Services, any Content or materials that violate our Acceptable Use Policy.
Content Review.
beehiiv may review Content to determine whether it is illegal and/or whether it violates these Terms. We may also, in accordance with applicable law, modify, prevent access to, delete, or refuse to display or distribute Content that we believe violates applicable law or these Terms. In so doing, we have the exclusive right to interpret and enforce the Acceptable Use Policy. We reserve the right to disclose your identity or other information about you to any third party who claims that Content published by you violates their rights, including their intellectual property rights or their right to privacy and take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services. If you encounter content that may be in breach of these guidelines or have any questions about them, you can email us at [email protected]. However, beehiiv has no obligation to monitor or review any content submitted to the Services.
Cooperation with Law Enforcement.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone publishing content on or through the Services. YOU WAIVE AND HOLD HARMLESS BEEHIIV AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
7. Content Distribution & Offering Paid Subscriptions to Your Users.
Publication & Sole Responsibility.
You may use the Services to distribute Content to Your Users. You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) your Content you distribute through the Services and for the consequences of your actions by doing so. This means, for example, that you are solely responsible for ensuring the distribution of your Content. Our actions under these Terms are solely to assist you in facilitating distribution. You are responsible for complying with all legal obligations related to the distribution of your Content, including but not limited to compliance with applicable laws and regulations that govern the sale of automatically renewing subscriptions.
Subscription Fees.
You may distribute your Content for free, or for a subscription fee, to be determined at your discretion. You may set and change the prices for your Content at your discretion through your account, though no price changes will apply retroactively.
Stopping Publication or Deleting Content.
You may delete your Content from the Services at your discretion. However, please note that if you delete or stop publishing your Content before the end of a paid subscription term of Your User, any and all obligations (including any refund obligations for the remaining portion of the subscription term) are solely your responsibility. We are under no obligation to issue any refunds to you or Your Users.
Taxes on Your Paid Subscriptions.
You agree that you are responsible for any and all applicable federal, state, local, and foreign taxes, duties, tariffs, levies, withholdings, and similar assessments (including without limitation, sales, use, and value added taxes) assessed on the distribution of your Content.
Payment Processor.
You agree that the payment processor may deduct any applicable payment processor fees on a rolling basis as you process subscription payments from Your Users. You agree to these payments and further agree that all such payments are non-refundable. beehiiv's payments may be processed by a payment processor, which excludes certain types of businesses from using their service, such as Stripe. Please refer to the Stripe Service Agreement (see the US agreement here) for information about restricted business categories and practices.
Disputes.
If there is a dispute between you and Your User about payments or any other issue, you agree we are under no obligation to become involved and that we will not be held liable for any such dispute. We are not liable for your relationship with Your Users, and we won't provide you with legal advice regarding such matters.
Support.
You shall provide to us a current email address to which we may direct inquiries from Your Users and others regarding your Content.
Withholding Fees.
beehiiv reserves the right to withhold fees that would otherwise be owed to you, including without limitation Ad Network and/or Recommendations fees, that are not owed because of a breach of these Terms. For the sake of clarity, any fees associated with activity prohibited by the Acceptable Use Policy such as fraudulent clicks, click-farms, firewall clicks, self-clicking or anything along these lines shall not be owed. beehiiv will investigate such activity in good faith and all such determinations by beehiiv will be final.
Information Upon Request.
You will provide us with all reasonably requested data or information about your publications and publishing practices. This includes all payment and tax identification information, and you will ensure this information is accurate.
8. Copyright Infringement.
We take claims of copyright infringement seriously.
While much of this Section relates specifically to United States law, we will respond to all notices of alleged copyright infringement that comply with applicable law. If you believe any content accessible on or from the Services infringe your copyright, you may request removal of such content (or access to them) from the Services by submitting written notification to [email protected]. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially all of the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works.
- Identification of the content you believe to be infringing in a sufficiently precise manner to allow us to locate that content.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted content is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
You may submit a DMCA Notice by emailing [email protected]. Our designated agent can also be reached by mail at:
beehiiv DMCA
228 Park Avenue S #2329976
New York, NY 10003
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that content or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
If you believe content you published on the Services was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially all of the following:
- Your physical or electronic signature.
- An identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or access disabled.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement under penalty of perjury by you that you have a good faith belief that the content identified above was removed or disabled as a result of a mistake or misidentification of the content to be removed or disabled.
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which beehiiv may be found) and that you will accept service from the person (or an agent of that person) who provided beehiiv with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly materially misrepresent that content or activity on the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
It is our policy to terminate the accounts of users who are repeat infringers in appropriate circumstances.
9. Third-party websites and content.
The Services may contain links to third-party websites. If you use these links, you will leave the Services and your dealings will solely be with the third-party websites. You agree that beehiiv is not responsible or liable for any content, goods or services provided on or through these outside websites. You use these links at your own risk and liability. We have no responsibility for the content, legality or accuracy of any third-party information, products or services.
The information published on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such content by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
The Services includes content provided by third parties, including content provided by other users, publishers, and third-party licensors. All statements and/or opinions expressed in such content, and all articles and responses to questions and other content, other than the content provided by beehiiv, are solely the opinions and the responsibility of the person or entity providing such content. Such third party content does not necessarily reflect the opinion of beehiiv. We are not responsible, or liable to you or any third party, for the content or accuracy of any content provided by any third parties.
10. Warranty Disclaimer.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Services for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, CONTENT OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY CONTENT PUBLISHED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SERVICES, ITS CONTENT, BEEHIIV IP AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, BEEHIV IP, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11. Indemnity and Release.
To the fullest extent permitted by law, you agree to release, indemnify and hold beehiiv and its affiliates and their officers, employees, directors and agent harmless from and against any and all losses, damages, expenses (including reasonable attorneys' fees and court costs), rights, claims (including third-party claims), actions of any kind (including any inquiries or investigations), and injury arising out of or relating to your Content, your use of the Services, your connection to the Services, your violation of these Terms or your violation of any rights of any third party. beehiiv reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with beehiiv in the defense of such matter.
12. Limitations of Liability.
IN NO EVENT WILL BEEHIIV BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER BEEHIIV WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL BEEHIIV'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE GREATER OF (A) THE TOTAL AMOUNT OF ALL FEES PAYABLE TO BEEHIIV FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS.
13. Governing Law; Jurisdiction; and Dispute Resolution.
All matters relating to beehiiv, the Services and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms, beehiiv and/or the Services will be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the City of New York and County of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. YOU AND BEEHIIV AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. WE BOTH AGREE THAT YOU AND BEEHIIV BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR BEEHIIV MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
14. Waiver and Severability.
No waiver by us of any term or condition set out in these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these Terms will not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
15. Entire Agreement.
The Terms constitute the sole and entire agreement between you and beehiiv regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
16. Termination.
Effect of Termination.
When your account is cancelled, whether by you or us, you no longer have any rights to use the beehiiv IP and these Terms will no longer apply, other than: (i) any obligations you have to pay us or indemnify us; (ii) limitations on liability; (iii) disclaimers; (iv) terms regarding ownership or intellectual property rights; (v) terms regarding disputes between us; and (vi) any other terms that, by their nature, should survive termination of these Terms.
Termination of Accounts & Subdomains.
If you have a free account, we may cancel your account and reclaim the subdomain after a period of inactivity. In such cases, we will generally provide you with not less than thirty (30) days advance notice through the email address associated with your account.
Termination of Information.
After account cancellation, beehiiv is not required to receive, compile, maintain, or make available communications or data of any nature. We will try to provide advance notice to you or provide you access to your account after certain functions have been shut down prior to our cancelling your account so that you are able to retrieve any important information you may have uploaded to your account, but we may not do so if we determine it would be impractical, illegal, not in the interest of someone's safety or security, or otherwise harmful to the rights or property of beehiiv.
17. Geographic Restrictions.
beehiiv is based in the State of New York in the United States. Access to the Services may not be legal by certain persons or in certain countries and beehiiv may restrict or prohibit access to the Services in certain jurisdictions. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.