Terms of Service

Last updated: April 1, 2026

1. Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Customer,” “you,” or “your”) and MiserablyEmployed, LLC, a Delaware limited liability company (“SessionSight,” “we,” “us,” or “our”). SessionSight is a product of MiserablyEmployed, LLC. By accessing, browsing, or using the SessionSight platform, website, APIs, SDKs, or any related services (collectively, the “Service”), you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you are entering into these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In such case, “Customer” and “you” refer to that entity.

If you do not agree to these Terms, you must not access or use the Service. Your continued use of the Service after any modifications to these Terms constitutes acceptance of those modifications.

2. Definitions

The following terms have the meanings set forth below when used in these Terms:

  • “Service” means the SessionSight platform, including all associated web applications, APIs, SDKs, scripts, documentation, and any updates, enhancements, or modifications thereto made available by SessionSight.
  • “Customer” means the individual or entity that has registered for an account and agreed to these Terms to use the Service.
  • “End User” means any individual who visits, interacts with, or uses the Customer’s website, application, or digital property where the SessionSight SDK or tracking script is installed.
  • “Customer Data” means all data collected, uploaded, or transmitted through the Service by the Customer or on Customer’s behalf, including session recordings, event data, heatmap data, form analytics data, feedback responses, and any other data originating from End Users of Customer’s properties.
  • “Usage Data” means aggregated, anonymized, or de-identified data derived from the use of the Service that does not identify Customer or any individual End User, including system performance metrics, feature usage statistics, and platform analytics.
  • “SDK/Script” means the SessionSight software development kit, JavaScript snippet, or any other code provided by SessionSight for installation on Customer’s digital properties to enable data collection and Service functionality.
  • “Subscription Term” means the period during which Customer has an active subscription to the Service, as specified in the applicable Order Form or subscription plan selection.
  • “Order Form” means any ordering document, online subscription form, or statement of work executed by both parties that references these Terms and specifies the Service plan, pricing, and Subscription Term.
  • “Documentation” means the user guides, technical specifications, API references, help articles, and other instructional materials made available by SessionSight describing the features, functionality, and proper use of the Service.

3. Account and Access

3.1 Registration

To use the Service, you must create an account by providing accurate and complete registration information, including a valid email address, your name, and your organization’s name. You must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction, to create an account and use the Service.

3.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials, including API keys and access tokens. You agree to immediately notify SessionSight at [email protected] of any unauthorized use of your account or any other breach of security. SessionSight shall not be liable for any loss or damage arising from your failure to protect your account credentials.

3.3 Accurate Information

You agree to provide accurate, current, and complete information during registration and to update such information as necessary to keep it accurate, current, and complete. SessionSight reserves the right to suspend or terminate any account where the registration information is found to be inaccurate, outdated, or incomplete.

4. License Grant and Restrictions

4.1 License Grant

Subject to your compliance with these Terms and payment of all applicable fees, SessionSight grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service during the Subscription Term solely for your internal business purposes in accordance with the Documentation and the terms of your applicable subscription plan or Order Form.

4.2 Restrictions

You shall not, and shall not permit any third party to:

  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or underlying structure of the Service or any component thereof, except to the extent expressly permitted by applicable law notwithstanding this restriction.
  • Use the Service to build, support, or contribute to a product or service that competes with SessionSight, or use the Service for competitive analysis, benchmarking, or any similar purpose.
  • Sublicense, resell, lease, rent, distribute, or otherwise make the Service available to any third party, except as expressly permitted by your subscription plan or an Order Form.
  • Circumvent, disable, or interfere with any data masking, privacy controls, rate limiting, access controls, or other security features of the Service.
  • Use the Service on websites, applications, or digital properties that are directed at, or knowingly collect personal information from, children under the age of thirteen (13) in violation of the Children’s Online Privacy Protection Act (COPPA) or equivalent applicable law.
  • Use the Service to collect, store, transmit, or process Protected Health Information (“PHI”) as defined under the U.S. Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), or any data subject to HIPAA, the HITECH Act, or any substantially similar health-information privacy law. SessionSight is not a HIPAA Business Associate, has not entered into a Business Associate Agreement with Customer, and the Service is not designed or certified for use in HIPAA-regulated workflows. Customer is solely responsible for any compliance exposure arising from a violation of this restriction, and SessionSight does not consent to act as a Business Associate by virtue of receiving PHI in breach of these Terms.
  • Use the Service, including session recordings and analytics data, for the purposes of unlawful surveillance, employee monitoring without proper notice and consent, discrimination on the basis of any legally protected characteristic, or any other purpose that violates applicable law.
  • Remove, alter, or obscure any proprietary notices, labels, or branding on or within the Service.
  • Use the Service to transmit any malware, viruses, or other harmful code, or to engage in any activity that disrupts, damages, or impairs the Service or its infrastructure.
  • Access the Service through automated means (such as bots or scrapers) except through the APIs provided and documented by SessionSight.

4.3 Export Controls and Sanctions

Customer represents and warrants that, throughout the Subscription Term:

  • Customer is not located in, organized under the laws of, or ordinarily resident in any country or territory that is subject to comprehensive United States trade sanctions or embargoes (including, as of the effective date of these Terms, Cuba, Iran, North Korea, Syria, and the Crimea, so-called Donetsk People’s Republic, and so-called Luhansk People’s Republic regions of Ukraine).
  • Customer is not identified on, and is not majority-owned or controlled by any party identified on, any U.S. government list of restricted or prohibited parties, including the U.S. Department of the Treasury Office of Foreign Assets Control (“OFAC”) Specially Designated Nationals and Blocked Persons List, the U.S. Department of Commerce Bureau of Industry and Security Denied Persons or Entity List, or any equivalent list maintained by the European Union, the United Kingdom, or any other applicable jurisdiction.
  • Customer will not access, use, export, re-export, or transfer the Service in violation of any applicable export control, economic sanctions, or anti-boycott laws and regulations of the United States or any other applicable jurisdiction.

If at any time these representations cease to be accurate, Customer shall immediately notify SessionSight in writing and SessionSight may suspend or terminate Customer’s account without liability.

5. Customer Responsibilities

Customer is solely responsible for obtaining all necessary consents, permissions, and authorizations from End Users prior to collecting, recording, or processing their data through the Service. This includes providing clear and conspicuous notice to End Users that session recording, heatmapping, analytics tracking, and other data collection activities are taking place, and obtaining consent where required by applicable law (including the General Data Protection Regulation, the California Consumer Privacy Act, and any other applicable privacy legislation).

5.2 Data Masking Configuration

Customer is solely responsible for properly configuring the data masking, field exclusion, and privacy controls provided by the Service to ensure that sensitive or personally identifiable information is appropriately masked or excluded from recordings and analytics data. SessionSight provides tools and documentation to assist with configuration, but Customer must evaluate and configure these controls to meet the specific privacy requirements of Customer’s use case and applicable legal obligations.

5.3 Compliance with Laws

Customer shall comply with all applicable local, state, national, and international laws, regulations, and industry standards in connection with Customer’s use of the Service and collection of End User data. This includes laws governing data protection, privacy, electronic communications, and consumer protection.

5.4 Payment Card Data

Customer must not use the Service to intentionally collect, store, or process payment card numbers, card verification codes, or other sensitive payment card data. Customer shall configure appropriate data masking and field exclusion rules to prevent the capture of payment card information in session recordings and form analytics. If Customer processes payments on properties where the SDK/Script is installed, Customer is responsible for ensuring that payment fields are properly excluded from data collection.

6. Data Masking Disclaimer

SessionSight provides configurable data masking, field suppression, and privacy tools designed to help Customers prevent the capture of sensitive information in session recordings, heatmaps, and analytics data. These tools include (but are not limited to) CSS selector-based masking, input field exclusion, and automatic masking of common sensitive field types.

Notwithstanding the availability of these tools, Customer acknowledges and agrees that:

  • Customer is solely responsible for evaluating, configuring, testing, and maintaining the data masking and privacy settings for Customer’s specific digital properties and use cases.
  • SessionSight does not guarantee that its masking tools will detect and suppress every possible sensitive data field in all circumstances, particularly in custom implementations, dynamically generated content, or non-standard form structures.
  • SessionSight shall not be liable for any claims, damages, penalties, or losses arising from Customer’s failure to properly configure, test, or maintain data masking and privacy controls.
  • Customer should regularly audit and test data masking configurations, especially after making changes to Customer’s digital properties, to ensure continued effectiveness.

7. Intellectual Property

7.1 SessionSight Ownership

SessionSight and its licensors retain all right, title, and interest (including all intellectual property rights) in and to the Service, the platform, all software, technology, algorithms, user interfaces, designs, documentation, trademarks, and any improvements, modifications, or derivative works thereof. Nothing in these Terms transfers or assigns any ownership rights in the Service to Customer. All rights not expressly granted herein are reserved by SessionSight.

7.2 Customer Data Ownership

As between the parties, Customer retains all right, title, and interest in and to Customer Data. SessionSight does not claim ownership of Customer Data.

7.3 License to Process Customer Data

Customer grants SessionSight a limited, non-exclusive, worldwide license to collect, process, store, display, and transmit Customer Data solely as necessary to provide, maintain, and improve the Service during the Subscription Term and for a reasonable period thereafter as necessary to fulfill SessionSight’s obligations under these Terms (including data export and deletion).

7.4 Usage Data and Aggregated Data

SessionSight may collect and use Usage Data to operate, improve, and optimize the Service, develop new features, conduct research, and generate industry benchmarks or reports. SessionSight owns all right, title, and interest in Usage Data. SessionSight will not publish or disclose Usage Data in a manner that identifies Customer or any individual End User without Customer’s prior written consent.

7.5 Feedback

If Customer provides SessionSight with any feedback, suggestions, enhancement requests, recommendations, or other input regarding the Service (“Feedback”), Customer hereby assigns to SessionSight all right, title, and interest in and to such Feedback. SessionSight may use, incorporate, and commercialize Feedback without restriction or obligation to Customer. Customer is not required to provide Feedback, and all Feedback is provided voluntarily and without any expectation of compensation or confidential treatment.

7.6 Shared User Content

Certain features of the Service may allow Customer to publish, contribute, or otherwise share content (including templates, workflows, configurations, assets, and other materials) so that it becomes available to other Customers or users of the Service (“Shared Content”).

By making Shared Content available through the Service, Customer:

  • Grants SessionSight a worldwide, royalty-free, non-exclusive, sublicensable license to host, store, reproduce, display, distribute, adapt for technical purposes (such as formatting, indexing, or security review), and transmit the Shared Content through the Service, and to allow other Customers to install, copy, modify, and use the Shared Content within their own accounts.
  • Represents and warrants that Customer owns, or has obtained all rights, licenses, consents, and permissions necessary to, the Shared Content; that the Shared Content does not infringe or misappropriate any third-party intellectual property, privacy, or other rights; that it does not contain malware, harmful code, or deceptive functionality; and that it does not contain personal data of any individual other than Customer’s own personnel.
  • Acknowledges that SessionSight may, at its sole discretion and without liability, review, decline to publish, remove, disable, restrict access to, or otherwise moderate any Shared Content for any reason, including suspected violation of these Terms, applicable law, or the rights of others.
  • Acknowledges that other Customers who install or make use of Shared Content receive a perpetual, worldwide, royalty-free license to use, copy, and modify that Shared Content within their own accounts in connection with the Service, but may not redistribute it outside the Service.

Shared Content is made available to other users on an “AS IS” basis, without warranty of any kind from Customer, SessionSight, or any other party. SessionSight makes no representation or warranty regarding Shared Content and disclaims all liability arising from the publication of, installation of, use of, or reliance on Shared Content by any party.

SessionSight may, at any time and for any reason, suspend or terminate Customer’s ability to publish Shared Content. Upon any such suspension or termination, and upon any termination of the Agreement, previously installed Shared Content may, at SessionSight’s discretion, continue to be available to the Customers who installed it or be removed or disabled.

SessionSight respects the intellectual property rights of others and responds to clear and complete notices of alleged copyright infringement consistent with the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”).

Notice of infringement. If you believe that material accessible through the Service (including Shared Content) infringes your copyright, please send a written notice containing the following to SessionSight’s designated copyright agent:

  • A physical or electronic signature of the copyright owner or a person authorized to act on the owner’s behalf.
  • Identification of the copyrighted work claimed to have been infringed (or a representative list, if multiple works at a single online site are covered).
  • Identification of the material claimed to be infringing and information reasonably sufficient to permit SessionSight to locate the material (such as a URL).
  • Your name, address, telephone number, and email address.
  • A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or are authorized to act on the owner’s behalf.

Designated copyright agent. Send notices to:

MiserablyEmployed, LLC Attn: Copyright Agent 400 N Tampa St Ste 1550 PMB 200053 Tampa, Florida 33602-4719 US Email: [email protected]

Counter-notice. If you believe material you posted was removed or disabled by mistake or misidentification, you may submit a counter-notice to the address above containing the information described in 17 U.S.C. § 512(g)(3). Submitting a materially false counter-notice may subject you to liability.

Repeat infringers. SessionSight will, in appropriate circumstances, terminate the accounts of users who are determined to be repeat infringers.

8. Payment Terms

8.1 Fees

Customer shall pay all fees specified in the applicable subscription plan selection or Order Form (“Fees”). All Fees are quoted and payable in United States dollars unless otherwise specified in the Order Form. Fees are non-cancellable and, except as expressly stated in these Terms, non-refundable.

8.2 Auto-Renewal

Unless otherwise specified in an Order Form, each Subscription Term will automatically renew for successive periods of equal duration to the initial Subscription Term at SessionSight’s then-current pricing. Either party may prevent renewal by providing written notice of non-renewal at least thirty (30) days prior to the end of the then-current Subscription Term.

8.3 Late Payments

Any Fees not paid when due shall bear interest at the rate of one and one-half percent (1.5%) per month, or the maximum rate permitted by applicable law (whichever is less), calculated from the date such payment was due until the date of actual payment. SessionSight may also recover all reasonable costs of collection, including attorneys’ fees, incurred in collecting overdue amounts.

8.4 Taxes

All Fees are exclusive of taxes. Customer is responsible for paying all applicable sales, use, value-added, goods and services, withholding, and other taxes and government charges associated with Customer’s use of the Service, excluding taxes imposed on SessionSight’s net income. If SessionSight is required to collect or remit taxes on Customer’s behalf, such taxes will be invoiced to Customer and payable in accordance with these Terms.

8.5 Billing Disputes

Customer must notify SessionSight in writing of any billing dispute within sixty (60) days of the date of the invoice in question. The notice must include a reasonable description of the disputed charges and the basis for the dispute. Customer shall pay all undisputed amounts by the applicable due date. Failure to dispute an invoice within the sixty-day period constitutes acceptance of the charges. The parties will work in good faith to resolve any billing disputes promptly.

8.6 No Refunds

Except as expressly provided in Section 11 (Warranties and Disclaimers) or as required by applicable law, all Fees paid are non-refundable. Downgrading your subscription plan does not entitle you to a refund or credit for any previously paid Fees.

9. Suspension and Termination

9.1 Suspension by SessionSight

SessionSight may suspend Customer’s access to the Service, in whole or in part, immediately or with notice as specified below, if:

  • Customer violates any provision of these Terms, including the license restrictions in Section 4.2 or Customer responsibilities in Section 5.
  • Customer fails to pay any Fees when due and does not cure such non-payment within ten (10) days after receiving written notice of the overdue payment.
  • SessionSight is required to do so by applicable law, regulation, or order of a court or governmental authority.
  • SessionSight reasonably determines that Customer’s use of the Service poses a security threat to the Service, other customers, or any third party, or may subject SessionSight or any third party to liability.

SessionSight will provide Customer with reasonable prior notice of suspension where practicable, except where immediate suspension is necessary to prevent harm or comply with legal requirements. SessionSight will use commercially reasonable efforts to limit the scope and duration of any suspension.

9.2 Termination for Material Breach

Either party may terminate these Terms if the other party commits a material breach of these Terms and fails to cure such breach within thirty (30) days after receiving written notice specifying the nature of the breach. If the breach is not reasonably capable of being cured, the non-breaching party may terminate these Terms immediately upon written notice.

9.3 Termination for Convenience

Customer may cancel the subscription at any time through the Service dashboard or by providing written notice to SessionSight. Cancellation takes effect at the end of the then-current Subscription Term, and Customer retains access to the Service until that date. Cancellation does not entitle Customer to a refund of any prepaid Fees, and all Fees for the remainder of the then-current Subscription Term remain due and payable.

9.4 Post-Termination Obligations

Upon termination or expiration of these Terms for any reason:

  • Customer’s license to access and use the Service terminates immediately.
  • The SDK/Script will cease to function upon termination. Customer is advised to remove the SDK/Script from Customer’s digital properties to avoid unnecessary page load overhead.
  • Customer may request export of Customer Data within thirty (30) days of termination. After this thirty-day period, SessionSight will delete Customer Data in accordance with its data retention schedule, unless retention is required by applicable law or regulation.
  • All provisions of these Terms that by their nature should survive termination will survive, including Sections 2, 6, 7, 8, 10, 11, 12, 13, 14, 15, and 16.

10. Confidentiality

10.1 Definition

“Confidential Information” means any information disclosed by one party (“Disclosing Party”) to the other party (“Receiving Party”) that is designated as confidential or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information includes, without limitation, business plans, technical data, product roadmaps, pricing, Customer Data, security practices, and the terms and conditions of any Order Form.

10.2 Obligations

The Receiving Party shall: (a) hold the Disclosing Party’s Confidential Information in confidence using the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care; (b) not disclose Confidential Information to any third party except to employees, contractors, and agents who have a need to know and are bound by obligations of confidentiality at least as protective as those herein; and (c) use the Confidential Information solely for the purpose of exercising its rights or fulfilling its obligations under these Terms.

10.3 Exceptions

Confidential Information does not include information that:

  • Is or becomes publicly available through no fault or breach of the Receiving Party.
  • Was already in the Receiving Party’s possession without restriction before disclosure by the Disclosing Party, as demonstrated by the Receiving Party’s records.
  • Is independently developed by the Receiving Party without use of or reference to the Disclosing Party’s Confidential Information.
  • Is rightfully received by the Receiving Party from a third party without restriction on disclosure and without breach of any obligation of confidentiality.
  • Is required to be disclosed by applicable law, regulation, or court order, provided the Receiving Party gives the Disclosing Party prompt notice (to the extent permitted by law) and reasonably cooperates with any efforts to obtain protective treatment.

10.4 Aggregate Usage Data

Notwithstanding the foregoing, SessionSight may collect and use aggregate usage statistics and performance data derived from the Service. SessionSight will not publish or share such data in a manner that identifies Customer or any individual End User without Customer’s prior written consent.

11. Warranties and Disclaimers

11.1 SessionSight Warranty

SessionSight warrants that, during the Subscription Term, the Service will perform substantially in accordance with the applicable Documentation when used in accordance with these Terms. This warranty does not apply to: (a) features identified as beta, preview, or experimental; (b) issues caused by Customer’s misuse of the Service, third-party software or hardware, or factors outside SessionSight’s reasonable control; or (c) free or trial versions of the Service.

11.2 Sole Remedy

If SessionSight breaches the warranty in Section 11.1, Customer’s exclusive remedy and SessionSight’s sole liability shall be, at SessionSight’s option, to: (a) use commercially reasonable efforts to repair or replace the non-conforming aspect of the Service to bring it into substantial conformity with the Documentation; or (b) if SessionSight is unable to repair or replace within a reasonable period, terminate Customer’s subscription and refund any prepaid, unused Fees on a pro-rata basis for the remainder of the then-current Subscription Term.

11.3 Disclaimer

EXCEPT FOR THE EXPRESS WARRANTY SET FORTH IN SECTION 11.1, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SESSIONSIGHT DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SESSIONSIGHT DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. SESSIONSIGHT DOES NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY DATA OR INFORMATION PROVIDED THROUGH THE SERVICE.

12. Limitation of Liability

12.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, WHETHER ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SERVICE, OR OTHERWISE, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) ONE THOUSAND UNITED STATES DOLLARS ($1,000); OR (B) THE TOTAL FEES PAID OR PAYABLE BY CUSTOMER TO SESSIONSIGHT DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

12.3 Carve-Outs

The limitations set forth in Sections 12.1 and 12.2 shall not apply to: (a) either party’s gross negligence or willful misconduct; (b) either party’s indemnification obligations under Section 13; (c) Customer’s breach of Section 4.2 (License Restrictions); or (d) Customer’s payment obligations under Section 8.

13. Indemnification

13.1 Indemnification by SessionSight

SessionSight shall defend, indemnify, and hold harmless Customer, its officers, directors, employees, and agents from and against any third-party claims, actions, suits, or proceedings alleging that Customer’s authorized use of the Service in accordance with these Terms infringes or misappropriates a third party’s intellectual property rights (a “Customer IP Claim”). SessionSight shall pay all damages, costs, and expenses (including reasonable attorneys’ fees) finally awarded against Customer in connection with a Customer IP Claim, or any amounts paid in settlement approved by SessionSight.

SessionSight’s obligations under this Section 13.1 do not apply to claims arising from: (a) modifications to the Service made by anyone other than SessionSight; (b) Customer’s combination of the Service with third-party products, services, or technology not provided or approved by SessionSight; (c) Customer’s use of the Service in breach of these Terms; or (d) Customer’s continued use of an allegedly infringing version after SessionSight has provided a non-infringing replacement.

If the Service becomes, or in SessionSight’s reasonable opinion is likely to become, the subject of an infringement claim, SessionSight may, at its option and expense: (a) procure the right for Customer to continue using the Service; (b) replace or modify the Service to make it non-infringing without materially diminishing its functionality; or (c) if neither of the foregoing is commercially practicable, terminate Customer’s subscription and refund any prepaid, unused Fees on a pro-rata basis.

13.2 Indemnification by Customer

Customer shall defend, indemnify, and hold harmless SessionSight, its officers, directors, employees, and agents from and against any third-party claims, actions, suits, or proceedings arising from or related to: (a) Customer’s breach of the license restrictions set forth in Section 4.2; (b) Customer’s unauthorized or unlawful use of the Service; (c) the nature, content, or accuracy of Customer Data; (d) Customer’s failure to obtain required consents from End Users as described in Section 5.1; or (e) any Shared Content published or contributed by Customer pursuant to Section 7.6 (collectively, “SessionSight Claims”). Customer shall pay all damages, costs, and expenses (including reasonable attorneys’ fees) finally awarded against SessionSight in connection with a SessionSight Claim, or any amounts paid in settlement approved by Customer.

13.3 Indemnification Procedures

The indemnified party shall: (a) provide the indemnifying party with prompt written notice of any claim for which indemnification is sought (provided that a failure to give prompt notice shall not relieve the indemnifying party of its obligations except to the extent materially prejudiced by such failure); (b) grant the indemnifying party sole control of the defense and settlement of such claim; and (c) provide reasonable cooperation and assistance to the indemnifying party at the indemnifying party’s expense. The indemnified party may participate in the defense at its own expense with counsel of its own choosing. The indemnifying party shall not settle any claim in a manner that imposes obligations on the indemnified party (other than payment of money damages covered by the indemnity) without the indemnified party’s prior written consent.

14. Data Processing

To the extent that SessionSight processes personal data on behalf of Customer in connection with the Service, SessionSight acts as a data processor (or sub-processor, as applicable) and Customer acts as the data controller (or processor, as applicable) with respect to such personal data. The processing of personal data is governed by the Data Processing Agreement (“DPA”), which is incorporated into and forms part of these Terms.

The DPA sets forth the parties’ obligations with respect to data protection, security measures, sub-processor management, data subject rights, cross-border data transfers, and data breach notification. In the event of any conflict between these Terms and the DPA with respect to data processing matters, the DPA shall prevail.

Customer acknowledges that the Service involves the collection and processing of End User data, including potentially personal data, and that Customer is responsible for ensuring that such collection and processing is carried out in compliance with all applicable data protection laws, including providing appropriate notice and obtaining necessary consents from End Users.

15. Governing Law and Disputes

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of laws principles.

15.2 Exclusive Jurisdiction

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in the State of Delaware. Each party irrevocably consents to the personal jurisdiction and venue of such courts and waives any objection based on inconvenient forum or lack of jurisdiction.

15.3 Attorneys’ Fees

In any legal action or proceeding to enforce or interpret these Terms, the prevailing party shall be entitled to recover its reasonable attorneys’ fees, court costs, and other expenses of litigation from the non-prevailing party, in addition to any other relief to which the prevailing party may be entitled.

16. General Provisions

16.1 Force Majeure

Neither party shall be liable for any failure or delay in the performance of its obligations under these Terms (other than payment obligations) to the extent such failure or delay is caused by events beyond such party’s reasonable control, including acts of God, natural disasters, pandemics, epidemics, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, power outages, internet or telecommunications failures, cyberattacks, or governmental actions (“Force Majeure Event”). The affected party shall give prompt notice to the other party and shall use commercially reasonable efforts to mitigate the impact of the Force Majeure Event.

16.2 Entire Agreement

These Terms, together with any Order Forms, the Data Processing Agreement, and any other documents expressly incorporated by reference, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, proposals, negotiations, representations, and communications, whether oral or written, relating to such subject matter.

16.3 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the original intent of the parties.

16.4 No Waiver

The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms shall be effective only if in writing and signed by the waiving party.

16.5 Assignment

Neither party may assign or transfer these Terms, or any rights or obligations hereunder, without the prior written consent of the other party, except that either party may assign these Terms without consent in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets, provided the assignee agrees to be bound by these Terms. Any attempted assignment in violation of this Section shall be void.

16.6 Notices

All notices required or permitted under these Terms shall be in writing and shall be sent to the email address associated with Customer’s account (for notices to Customer) or to [email protected] (for notices to SessionSight). Notices are deemed given when sent, provided the sender does not receive an automated failure-to-deliver notification. Either party may update its notice address by providing written notice to the other party.

16.7 Independent Contractors

The parties are independent contractors. Nothing in these Terms shall be construed to create a partnership, joint venture, agency, franchise, or employment relationship between the parties. Neither party has the authority to bind the other or to incur obligations on behalf of the other.

16.8 No Third-Party Beneficiaries

These Terms are intended solely for the benefit of the parties hereto and do not confer any rights or remedies upon any third party, except as expressly provided in Section 13 (Indemnification) with respect to indemnified parties.

17. Changes to Terms

SessionSight reserves the right to modify these Terms at any time. If SessionSight makes changes, it will provide Customer with at least thirty (30) days’ prior notice before the changes take effect. Notice may be provided by posting the updated Terms on the SessionSight website, through in-product notification, or by email to the address associated with Customer’s account.

For material changes (including changes to pricing, liability limitations, data processing practices, or license restrictions), SessionSight will provide notice via email to the address associated with Customer’s account.

Customer’s continued use of the Service after the effective date of any changes constitutes acceptance of the modified Terms. If Customer does not agree to the modified Terms, Customer must stop using the Service and may terminate the subscription in accordance with Section 9.3.

18. Contact

If you have any questions about these Terms or the Service, please contact us:

MiserablyEmployed, LLC 400 N Tampa St Ste 1550 PMB 200053 Tampa, Florida 33602-4719 US Email: [email protected]