Concord Commercial Terms of Services

This is a legal agreement (“Agreement”) between Concord Worldwide Inc. (“Concord”) and You (together “The Parties”). This Agreement will be effective on the earliest of (i) the date You indicate consent to this Agreement in the System or (ii) the latest signature date appearing on Your Order (“Effective Date”). If You are an existing Subscriber, then the Concord Commercial Terms of Service version in effect at the time of the signature of Your Order remains in effect until You will subscribe to the current Subscription Plans available at the Concord Pricing page. This Agreement governs paid Subscription Plan accounts only.
Please read this Agreement carefully to ensure that You understand it. This Agreement contains mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

1.1 The System. Subject to the terms of this Agreement and pursuant to Your Order, Concord hereby grants You a non-exclusive, non-transferable, non-sublicensable right for the Subscription Term to use the System with the features and functionalities included in the version of the Subscription Plan listed on Your Order and as available at the Concord pricing page page at the time You consent to the Order.
1.2 Services Included. At no additional charge, Concord will provide You with:

  • support, available remotely from 8am to 5pm CT, Monday – Friday;
  • self-service online training guides and resources; and
  • system maintenance, updates, and improvements.

1.3 Subscription Term.  You have access to the System during the Subscription Term and any renewal Subscription Term. Unless otherwise specified on the Order or terminated by either Party, each Subscription Term will automatically renew for a period equal to the original Subscription Term. An Upgrade will be effective immediately, and will not cause a change in the ongoing Subscription Term termination date. Downgrades will be effective at the start of the next Subscription Term.
1.4 Trial. If You register for a Trial, Concord may provide You with a Trial for evaluation purposes only. Your use of the System during the Trial will be in accordance with this Agreement. Concord will make the Trial available to You until the earlier of (a) the end of the Trial period for which You registered, at which time Your account will transition automatically into a Free Account subject to the Free Account Terms of Service available here; (b) that start of a subscription purchased by You through an Order; or (c) termination by Concord of the Trial in its sole discretion.  Any configurations in Your account dependent on features and functionalities available only in a paid Subscription Plan will be lost once Your Trial will expire. Notwithstanding anything to the contrary in this Agreement, Concord will have no warranty, indemnity, or other obligations with respect to trial subscriptions.
1.5 Fees. The System fees are determined based on the Order and any Upgrades or Downgrades carried out in Your account.  Upgrade fees will be prorated based on the period remaining in the ongoing Subscription Term. In the event of a Downgrade from a paid Subscription Plan to a Free Account, You will remain responsible for any unpaid fees.  All fees will be billed after an Order issues unless otherwise specified by the Order. Prices for Concord’s System, and subscriptions thereto, are subject to change in its discretion upon the commencement of each Subscription Term provided that such increases shall not exceed five percent of the prices charged to You during the immediate prior Subscription Term. Any changes in price will become effective upon the next Subscription Term renewal following notice of the price change.
1.6 Payment & Payment Processor. To use non-free aspects of the System, You must provide Concord with at least one (1) current, valid payment card that is accepted by Concord and the third party payment processor engaged by Concord to process payments customers make in connection with the System (“Payment Processor”) (each such card, a “Payment Method”). A list of Concord’s Payment Processor(s) can be found on our Subprocessor page. You are responsible for providing complete and accurate billing information to Concord. You authorize Concord to automatically charge Your payment method for the applicable fees on a recurring basis, on or after the start of a renewal Subscription Term unless the Subscription Plan has been terminated or canceled in accordance with this Agreement. Fees and Taxes will be charged to Your Payment Method on the specific payment date indicated in Your account. In some cases, Your payment date may change, for example, if Your Payment Method has not successfully settled, if You changed Your plan, or if the term of the Order began on a date not contained in a subsequent term. Fees are fully earned upon payment. You acknowledge that You are solely responsible for any and all fees charged to You by Your credit card issuer or other financial institution including, but not limited to, overdraft, insufficient funds, and over-the-credit-limit fees. Failure to pay fees owed to Concord (excluding amounts disputed in good faith) for 60 days or more from invoice due date may result in Your account being suspended or terminated, and will not relieve You of the obligation to pay amounts due to Concord. Concord or Payment Processor will attempt to verify Your Payment Method(s), and may do so by processing an authorization hold, which is standard practice. To the extent Payment Processor processes payments made by You, You will be subject to terms and conditions governing the use of Payment Processor’s service. Please review such terms and conditions as well as Payment Processor’s privacy notice (each of which is available on Payment Processor’s website). You acknowledge and understand that Payment Processor may collect and retain third-party Fees whenever You pay Fees. Payment must be received by Payment Processor before Concord’s acceptance of an order. Concord does not view or store Your full credit card or other Payment Method information. For all payments, Payment Processor will collect Your Payment Method details and charge Your chosen Payment Method in connection with an order. If any of Your account, order, or Payment Method information changes, You will promptly update such information, so that Concord or Payment Processor may complete Your transaction(s) and/or contact You, as needed.
1.7 Payment Representations and Warranties. You represent and warrant that: (a) the account, order, and Payment Method information You supply to Concord and/or to Payment Processor, as applicable, is true, accurate, correct, and complete; (b) You are duly authorized to use the Payment Method(s); (c) You will pay any and all charges incurred by users of Your Payment Method in connection with the System, including any applicable Fees (at the prices in effect when such charges are incurred) and Taxes; (d) charges incurred by You will be honored by Your Payment Method company; (e) You will not allow or enable anyone else to use Your User Account (including, without limitation, by sharing Your password(s) or any other authentication credentials with anyone else, or by attempting to transfer Your plan or account to anyone else); and (f) You will report to Concord any unauthorized or prohibited access to or use of Your account and/or password(s) or other authentication credentials.
1.8 Disclaimer. Concord disclaims any and all liability with respect to, and you understand and acknowledge that Concord is not responsible for: (a) any security of privacy breaches related to your credit card or other payment method, (b) any fees that may be charged to you by your bank in connection with the collection of fees, and/or (c) any unauthorized use of your credit card, debit card, or other payment method by a third party.
1.9 Taxes. All fees are stated exclusive of any Taxes. You are responsible for paying all Taxes associated with Your purchases, except for Taxes based on Concord’s net income.
1.10 Subscription Plans.
(a) Automatic Renewals.  Subscription Plans are available on an automatically renewing subscription basis and entail payment of fees associated with Your Subscription Plan (“Subscription Fees”).  Your subscription plan will automatically renew at the end of each subscription term (subject to any fee changes as noted in 1.5 above) unless and until you cancel the applicable subscription plan in accordance with the cancellation procedures (including any notice period) specified in section 1.10(c).
(b) Automatic Billing and Policies.  When You enroll in a Subscription Plan, You expressly acknowledge and agree that:  (i) each of Concord and Payment Processor is authorized to charge You, at the beginning of each Subscription Term, the Subscription Fee for the applicable Subscription Plan, any applicable Taxes, and any other charges You may incur in connection with such Subscription Plan, subject to adjustment in accordance with this Agreement; and (ii) Your Subscription Plan is continuous until the earlier of:  (a) Your cancellation of such subscription (including any notice period specified in Section 1.10(c) (Cancellation Procedures)) and (b) the suspension, discontinuation, or termination of Your access to such Subscription Plan or to the System in accordance with this Agreement.  You understand and acknowledge that the amounts billed may vary due to changes to the Subscription Fee in accordance with the Concord Pricing page, and/or changes in applicable Taxes, and You authorize each of Concord and Payment Processor to charge Your Payment Method the changed amounts.
(c) Cancellation Procedures.  To cancel any subscription, You must notify Concord at least 60 days before the start of the next Subscription Term by using the appropriate functionalities of the System or by contacting Concord at “”.  You will continue to have access to the Subscription Plan through the end of the then-current Subscription Term. You understand that unless and until you notify Concord of your intent to cancel, your subscription plan and the corresponding subscription fee will automatically renew, and you authorize each of Concord and payment processor (without notice to you, unless required by applicable law) to charge you the applicable subscription fee and any applicable taxes, using any of your payment methods.
(d) Cancellation; Refunds.  You may deactivate Your account or any subscription at any time, in Your sole discretion, and Concord may, subject to this Agreement, suspend or terminate Your Subscription Plan, Your account, or the System at any time, in Concord’s sole discretion. However, you understand and acknowledge that, unless required by applicable law, you will not be entitled to receive any refund or credit for any such cancellation, suspension, or termination, nor for any unused time on your subscription plan, any pre-payments made in connection with your subscription plan, any usage or subscription fees for any portion of the system, any content or data associated with your user account, or anything else. If You believe You have been improperly charged and would like to request a refund, please contact Concord at “”.

2.1 Use of the System.  You understand that Concord may use artificial intelligence in order to provide the System to you in an effective way. You further understand that certain portions of the System may allow other You to view, edit, share, and/or otherwise interact with Your Data and Your Output (as defined below). You agree to mark any sensitive or proprietary content as confidential prior to making such content available to any other user. You will not directly or indirectly: (a) use the System in any manner that violates Concord’s Intellectual Property; (b) access the System to build a competitive product or service; (c) disrupt the integrity, performance or security of the System; (d) send unsolicited communications, promotions or advertisements, or spam; (e) share any content that is illegal or promotes illegal activity; (f) represent that Output was human-generated or use the Output to train Your own machine learning models; or (g) use any content available on or via the System (including any caption information, keywords, or other metadata) for any machine learning and/or artificial intelligence training or development purposes, or for any technologies designed or intended for the identification of natural persons. Concord may remove any of Your Data or Output from the System or suspend Your access to the System if Concord reasonably believes You violated this Agreement. You are responsible: (w) for the accuracy and quality of Your Data; (x) for maintaining the confidentiality of Your login information; (y) for complying with all applicable laws governing the privacy, protection, transfer and use of Your Data, including if applicable, with the European Union data protection laws;  and (z) for all inquiries regarding Personal Data from Data Subjects or Supervisory Authorities (as those terms are defined by applicable directives, laws, and/or regulations).
2.2 Electronic Transactions.  Certain consumer legal protections may impose special requirements on electronic transactions involving consumers.  You undertake to determine if a “consumer” is involved, and to comply with all legal requirements. Concord will not be responsible: (a) to determine if any particular transaction involves a “consumer;” (b) for any consent and disclosure requirements imposed on such transactions; or (c) otherwise to comply with any such special requirements.
2.3 Electronic Signatures.  Certain types of documents may be excepted from electronic signature laws (e.g. wills and agreements pertaining to family law) or may be subject to governmental regulations regarding electronic signatures and records.  Concord will not be responsible to determine if any document is subject to specific governmental regulations or to electronic signature laws exceptions. By using the electronic signature feature, You agree to conduct business transactions with electronic documents and electronic signatures. You are under no obligation to transact business electronically using the System. To withdraw consent to conduct electronic transactions, simply stop using the System and contact the document sender to discuss other options.
2.4 Copyright Policy
Concord respects artists and content owner rights, and it is Concord’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (as it may be amended, “DMCA”). If You believe that any content available via the System may violate Your copyright, please see our DMCA Policy, which is incorporated into this Agreement, for Concord’s policy and instructions on sending Concord a notice of copyright infringement.

3.1 Your Data Ownership. (a) You own all rights, title, and interest in and to all of Your Data.  Subject to this Agreement, You grant Concord, its Affiliates, and applicable contractors a worldwide, non-exclusive, limited-term license to host, process, transmit, and display Your Data only as reasonably necessary (i) to provide, maintain, and update the System; (ii) to prevent or address security or technical issues, including providing support; (iii) to comply with legal requirements, the Privacy Policy, or as expressly permitted in writing by You.  (b) To the extent Data Protection Laws apply to Your Personal Data in the System, as defined in such laws, You represent and warrant that: (i) You have secured all necessary rights in and to Your Data to grant Concord the license in this Section and to transfer such Personal Data to Concord, (ii) the transfer of Personal Data to Concord does not violate  Data Protection Laws or Your privacy policy, and (iii) You will comply with Your privacy policy and Your obligations under Data Protection Laws, including in any instructions You give Concord for processing Personal Data. (c) For purposes of CCPA, Concord is a “Service Provider” as that term is defined in the CCPA. Concord does not sell personal information (as defined in CCPA) contained in Your Data.
3.2 Protection of Customer Data. Concord will maintain appropriate technical and organizational safeguards for the protection of Your Data in accordance with the terms of its Privacy Policy and its obligations under Data Protection Laws. Concord may amend its Privacy Policy from time to time in its sole discretion. You acknowledge that You have read and understand the Privacy Policy. To the extent Your Data is subject to EU Data Protection Laws or CCPA, You and Concord agree to enter into a Data Processing Addendum (“DPA”) or CCPA Addendum as applicable.  You can request Concord’s DPA or a CCPA Addendum from If You execute a DPA or a CCPA Addendum, then the terms of such DPA or CCPA Addendum will apply and will be incorporated into this Agreement upon execution by the Parties.
3.3 Aggregate and Anonymized Data. In order to maintain, provide and improve the System, You hereby consent to Concord collecting, using, processing, or otherwise exploiting Aggregate and Anonymized Data (as defined below) in any way, in its sole discretion. For clarity, this Section 3.3 does not give Concord the right to identify You as the source of any Aggregate and Anonymized Data.

4.1 Mutual Confidentiality Obligations. Both Parties agree that all items of Confidential Information are proprietary to the disclosing Party, and will remain the sole property of the disclosing Party. Each Party agrees as follows: (a) to use Confidential Information disclosed by the other Party only for the purposes described in this Agreement; (b) that such Party will not use or disclose such Confidential Information to any third party, except as part of its performance under this Agreement; (c) to restrict access to the Confidential Information disclosed by the other Party to such of its personnel, agents, and/or consultants, who have a need to have access and who have agreed in writing to treat such information in accordance with the terms of this Agreement; and (d) to the ,extent practicable, return or destroy, all Confidential Information disclosed by the other Party.
4.2 Compelled Disclosure. Notwithstanding the foregoing, each Party may disclose Confidential Information to the limited extent compelled by law to do so, provided that the Party making the disclosure pursuant to the order will first have given prompt written notice to the other Party and made a reasonable effort to obtain a protective order.
4.3 Injunction. Parties agree that breach of this Section 4 would cause disclosing Party irreparable injury, for which monetary damages would not provide adequate compensation, and that in addition to any other remedy, the disclosing Party will be entitled to injunctive relief against such actual or threatened breach, without proving actual damage or posting a bond or other security.

5.1 Concord’s Intellectual Property. Subject to the limited rights expressly granted in this Agreement, Concord and its licensors reserve all right, title, and interest in and to the System, including without limitation all of the related Intellectual Property rights and derivative works. You recognize that the System and its components are protected by the intellectual property laws of the United States and other countries, and all rights to the System not expressly granted to You in this Agreement are reserved.
5.2 Your Data. As between Concord and You, You own all rights, title and interest in and to Your Data and the Output, subject to the license grants provided in this Agreement. You are solely responsible for Your Data and any Output produced by or for You, or as a result of Your Data. You hereby grant, and You represent and warrant that You have all rights necessary to grant, to Concord, under all of Your intellectual property rights, an irrevocable, perpetual, transferable, sublicensable (through multiple tiers), fully paid, royalty-free, and worldwide right and license to use, copy, store, modify, distribute, reproduce, publish, list information regarding, make derivative works of, and display Your Data and Output (a) to maintain, provide and improve the System; and (b) to perform such other actions as described in Concord’s Privacy Notice or as authorized by You in connection with Your use of the System, provided that Concord will not use Your Data or your specific Output to train its artificial intelligence models.

6.1 From Concord.  Concord warrants (a) that it employs appropriate technical and organizational measures at a level not materially less protective than as described in the Data Security page, and (b) the System will perform materially in accordance with the documentation made available by Concord. For any breach of a warranty above, Your sole and exclusive remedies are those described in the Section 9.
6.2 From You. You warrant (a) that if You are entering into this Agreement on behalf of a legal entity, You have the authority to bind such entity and its Affiliates to this Agreement; and (b) Your use of the System will comply in all material respects with Concord’s Intellectual Property, and all applicable laws and regulations.
6.3 Disclaimers. Except as expressly provided by this Agreement, neither Party makes any warranty of any kind, whether express, implied, statutory or otherwise, and each Party specifically disclaims all implied warranties, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement, to the maximum extent permitted by applicable law. The System is provided “as is” and as available exclusive of any warranty whatsoever. Due to the nature of machine learning, the Output may not be unique across users and the system may generate the same or similar Output for other users. Use of the System may result in incorrect Output that does not accurately reflect reality. You must evaluate the accuracy of any Output as appropriate for Your use case, including by using human review of the Output. You understand and agree that the Output may contain “hallucinations” and may be inaccurate, objectionable, inappropriate, or otherwise unsuited to your purpose, and You agree that Concord shall not be liable for any damages You or any third party alleges to incur as a result of or relating to any Output or other content generated by or accessed on or through the system.
6.4 Use of Third-Party Services. The System may integrate with, or contain, third-party products, services, materials, or information, or links thereto that are not owned or controlled by Provider (“Third-Party Materials”). Concord does not endorse or assume any responsibility for any such Third-Party Materials. If You access any third-party website or service, it does so at its own risk, this Agreement and Concord’s Privacy Policy do not apply to Your use of such sites and You expressly relieve Concord from any and all liability arising from Your use of any Third-Party Materials.

7.1 Indemnification by Concord. Concord agrees to defend, indemnify, and hold You harmless from and against any claims, actions, and other proceedings (“Claim(s)”), and will pay any damages, attorney fees and costs finally awarded (collectively, “Losses”) against You, to the extent arising out of any Claims brought by any third party against You alleging that the System infringes or misappropriates a third party’s intellectual property rights (an “IP Right”). If Concord receives information about an infringement or misappropriation Claim related to the System, Concord may in Concord’s discretion and at no cost to You (a) modify the System to render it non-infringing; (b) obtain a license for Your continued use of the System; or (c) terminate Your Subscription Plan and refund You any prepaid fees. The above defense and indemnification obligations do not apply if (i) the Claim arises from a modification to the System by anyone not under Concord’s direction or control; (ii) a Claim arises from the use or combination of the System with software, hardware, data, or processes not provided by Concord, if such use would not otherwise infringe; or (iii) a Claim arising from Your use of the System in violation of this Agreement.
7.2 Indemnification by You. Except for Claims subject to indemnification by Concord under Section 7.1, You will defend, indemnify, and hold Concord, its Affiliates, and Concord and their employees, officers, and directors, harmless from and against any Claims, and will pay all Losses, to the extent arising out of or related to third party Claims against Concord related to (a) Your use or modification (including by anyone using logins, IDs, or passwords assigned to You) of the System (e.g., Claims arising from use of the System for fraudulent purposes);  (b) any of Your Data or other content, including Your use of Output (e.g., Claims for infringement, violation of privacy rights, or contractual obligations based on documents in the System); or (c) Your failure to obtain necessary consents of third parties.
7.3 Exclusive Remedy. This Section 7 states the indemnifying party’s sole liability to, and the indemnified party’s exclusive remedy against the other party for any type of claim described in this Section 7.
7.4 Indemnity Process. The Parties’ indemnification obligations are conditioned on the indemnified party (a) promptly giving written notice of the claim to the indemnifying party; (b) giving the indemnifying party sole control of the defense and settlement of the claim, except that the indemnifying party may not settle any Claims unless it unconditionally releases the indemnified party of all liability ; and (c) providing necessary information and reasonable assistance in connection with the claim, at indemnifying party’s request and expense.

8.1 Limitation of Liability. In no event will the aggregate liability of each Party together with all of its Affiliates arising out of or related to this agreement exceed the total amount paid by You hereunder in the twelve (12) months preceding the first incident out of which the liability arose. The foregoing limitation will apply whether an action is in contract or tort and regardless of the theory of liability, but will not limit Your payment obligations under section 1 above.
8.2 Exclusion of Consequential and Related Damages. In no event will either Party or its Affiliates have any liability arising out of or related to this agreement for any indirect, special, incidental, consequential, or punitive damages including lost profits, lost use, or business interruption, whether an action is in contract or tort and regardless of the theory of liability, even if a Party or its affiliates have been advised of the possibility of such damages or if a Party’s or its Affiliates’ remedy otherwise fails of its essential purpose. The foregoing disclaimer will not apply to the extent prohibited by law.

9.1 For Any Reason You may terminate this Agreement at any time without prior notice.  You will remain responsible for any unpaid fees for the remainder of the Subscription Term or renewal Subscription Term (as applicable).
9.2 For Cause. Upon any breach of a material provision of this Agreement by a Party (“Breaching Party”), the other Party (“Non-Breaching Party”) may terminate this Agreement by providing thirty (30) days’ written notice to the Breaching Party specifying the material breach. The termination will become effective at the end of the notice period unless the Breaching Party cures the breach during the notice period. If You terminate the Agreement in accordance with this Section, Concord will refund You any prepaid fees for the remainder of the ongoing Subscription Term. If Concord terminates this Agreement in accordance with this section, You will pay any unpaid fees for the ongoing Subscription Term remaining after the effective date of termination.
9.3 Effect of Termination. Upon termination of Your Subscription Term: (a) all rights and licenses granted under this Agreement will immediately terminate; (b) the Parties will discontinue use of and return or destroy all Confidential Information; and (c) the following provisions will survive termination or expiration of this Agreement: (i) any of Your obligations to pay fees incurred before termination; (ii) Sections 4 (Confidentiality), 5 (Proprietary Rights), 6 (Representations and Warranties), 7 (Mutual Indemnification), 8 (Limitation of Liability), 10 (Miscellaneous), and 11 (Definitions) ; and (iii) any other provision of this Agreement that must survive to fulfill its essential purpose.

10.1 Relationship of Parties.  The Parties are independent contractors, and neither Party may make commitments on the other’s behalf.
10.2 Export Compliance. The System and any of its derivatives may be subject to export laws and regulations of the United States and other jurisdictions. The Parties each represents that it is not named on any U.S. government denied-party list. You will not permit any authorized user to use the System in a U.S.-embargoed country or region (currently Cuba, Iran, North Korea, Sudan, Syria or Crimea) or in violation of any U.S. export law or regulation.
10.3 Force Majeure. No delay, failure, or default will constitute a breach of this Agreement to the extent caused by acts of war, terrorism, civil disorder, acts of God or of nature, or other causes beyond the performing party’s reasonable control; provided, however, that lack of funds or inability to pay will not be deemed to be a reason beyond a party’s reasonable control.
10.4 Waiver. No failure or delay by either party in exercising any right under this Agreement will constitute a waiver of that right.
10.5 Choice of Law & Jurisdiction. This Agreement will be governed solely by the laws of the State of California. Subject to the dispute resolution terms of this Agreement, the Parties consent to the personal and exclusive jurisdiction of the federal and state courts of San Francisco, California.
10.6 Dispute Resolution. The Parties agree to use best efforts to settle any dispute directly through consultation with each other before initiating arbitration. Any claim arising out of or related to this Agreement will be settled by mandatory, binding arbitration administered by the American Arbitration Association (“AAA”), in San Francisco, California, in accordance with its commercial arbitration rules and with the Parties sharing equally the costs of arbitration. You may opt out of this Agreement to arbitrate.  If You do so, neither You nor Concord can require the other to participate in an arbitration proceeding. To opt out, send a written notice to with the subject line, “arbitration opt out”, within 30 days of the effective date of this agreement.  In the opt out notice, you must include: (a) Your name and the email address You used for Your Concord account, (b) if the account is on behalf of an entity, the name and legal address of the entity Your account is operated for, and (c) a clear statement that You elect to opt out of this arbitration agreement. Judgment on an arbitration award may be entered by any court with competent jurisdiction. This Agreement is subject to the operation of the 1958 United Nations Convention on the recognition and enforcement of foreign arbitral awards. Nothing in this section will be deemed to prevent either of the Parties from seeking injunctive or other equitable relief from the courts as necessary to prevent actual or threatened infringement, misappropriation, or violation of the respective party’s security, intellectual property or other proprietary right.
10.7 Class Action/Jury Trial Waiver. Regardless of whether the System has been used for personal or commercial purposes, all claims must be brought in the Parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless Concord agrees otherwise, the arbitrator may not consolidate more than one person’s claims.  The Parties agree that, by entering into this agreement, each Party is waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
10.8 Entire Agreement. This Agreement constitutes the entire agreement between the Parties. Except where expressly stated otherwise in a writing executed between the Parties, the order of precedence will be: (i) the Order; and (ii) this Agreement. This Agreement sets forth Your exclusive remedies with respect to the System. If any provision of this Agreement is held to be invalid or unenforceable under law, then it will be reformed and interpreted to accomplish the objectives of such provision to the greatest extent possible, and all remaining provisions will continue in full force and effect.
10.9 Assignment. Neither this Agreement nor any of the rights and licenses granted under this Agreement may be transferred or assigned by either party without the other party’s express written consent (not to be unreasonably withheld or delayed); provided, however, that either party may assign this Agreement and all Orders under this Agreement upon written notice without the other party’s consent to an Affiliate or to its successor in interest in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the non-assigning party. Any other attempt to transfer or assign this Agreement will be null and void. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors, and permitted assigns.
10.10 Notices. Concord may send notices pursuant to this Agreement to Your emails registered on the System.  You may send notices pursuant to this Agreement to

Affiliate means any person or entity that, directly or indirectly, controls, is controlled by, or is under common control with a party. For this purpose, “control” means possessing the power to direct the day-to-day management, operation, and policies of any given person or entity.
Aggregate and Anonymized Data means (i) data generated by aggregating Your Data with other data so that results are non-personally identifiable with respect to You or other individuals or businesses You invited to documents in the System; and (ii) learnings, logs, and data regarding use of the System.
APIs means the Concord applications programming interfaces, and their corresponding developer materials including but not limited to software development kits, tools, libraries, scripts, and sample source code.
Confidential Information means information disclosed by one of the Parties to the other (a) in a tangible form and marked “Confidential” or with words of similar import; (b) Your Data; (c) any technology incorporated into or used by the System; or (d) under circumstances by which recipient should reasonably understand such information is to be treated as confidential, whether or not marked “Confidential” or otherwise. Notwithstanding the foregoing, Confidential Information does not include information that: (i) is in recipient’s possession at the time of disclosure; (ii) is independently developed by recipient without reference to Confidential Information; (iii) becomes known publicly, before or after disclosure, other than as a result of recipient’s improper action or inaction; or (iv) is approved for release in writing by the disclosing party.
Data Protection Laws means all applicable laws, regulations and conventions related to data privacy and data transfer, including European Union laws and California Consumer Privacy Act (“CCPA”).
Downgrade means a reduction in the number of paid Seats in Your account, a change to a lesser value Subscription Plan, a move to a shorter Subscription Term, or the removal of add-on features or functionalities in Your account.
Intellectual Property means all right, title and interest throughout the world in the copyrights (including derivative works), patents and inventions (whether or not patentable), trademarks, service marks, logos and designs, trade secrets, and all applications for registration or protection of such rights embodied by or contained in the System and its documentation.
Order means the Concord ordering document or selections made in the System by You indicating a Subscription Plan, the Subscription Term, the quantity of Seats selected for Your account, and associated fees.
Output means  any output provided specifically to You by the System based on inputs You provide to the System.
Privacy Policy means Concord’s Privacy Policy available at
Seat means the right to access the System provided to each of Your authorized users.  The feature and technical capabilities available to each Seat type is based on the Subscription Plan associated with Your account.
Subscription Plan means the plan that allows You and Your authorized users to register for an account to use the System. Subscription Plans provide parameters of included features, permitted numbers Seats, API calls, System actions, and other usage parameters.
Subscription Term means the period designated on the Order or any subsequent renewals during which You have right to use the System.
System means Concord’s hosted online contract creation and management system. The System includes, without limitation, Concord’s proprietary software and other technology, including any APIs, enhancements, modifications, and derivative works.
Taxes mean taxes, duties, or similar governmental assessments, including, for example, value-added, sales, use, goods and services taxes, or withholding taxes, assessable by any jurisdiction.
Trial means a time limited free access to one of the paid Subscription Plans.
Upgrade means a change to superior Subscription Plan, an increase in the number of paid Seats, a move to a longer Subscription Term, or the addition of features and functionalities in Your account.
You means the individual or entity who registered for an account to the System. For clarity, You includes customer’s authorized users and any Affiliate. You must be at least 16 years of age to access the System.
Your Data means electronic data, information or material not supplied by Concord that You import into the System or transmit via Your account in the System, including from individuals or business entities You have invited to documents in the System.