Product Specific Terms

  

Effective Date: November 15, 2021

These Product Specific Terms, along with our Terms of Service and any policies or other legal terms referenced herein or therein, apply to your access to and use of certain specific products or services available via the Services. These Product Specific Terms are incorporated by reference into our Terms of Service. Any capitalized terms (or lowercase terms specifically defined in our Terms of Service) not defined in these Product Specific Terms have the meanings set forth in our Terms of Service. Except as otherwise expressly set forth in these Product Specific Terms, in the event of a conflict or inconsistency, our Terms of Service shall govern, followed by these Product Specific Terms. If you have any comments or questions about these Product Specific Terms, feel free to contact us.

Table of Contents

1. eCommerce

2. Domains

3. Squarespace Select

4. Licensed Content

5. Getty Images

6. SMS Features

7. Shipping Labels

8. Term and Termination

9. Modifications to the Product Specific Terms

Appendix I - Consultative Services Schedule for Select Plans



1.        eCommerce

1.1. eCommerce Responsibilities. The Services include features that enable you to provide or sell products and services to, or otherwise collect payments from, your End Users (such activities, “Your eCommerce”). We’re not a party to, and we aren’t liable for, Your eCommerce. You're solely responsible for Your eCommerce, and compliance with any laws or regulations related to it, including without limitation the following: 

1.1.1. Taxes. You're solely responsible for: (a) all Taxes and fees associated with Your eCommerce, including without limitation any Taxes related to the purchase or sale of products or services in connection with Your eCommerce; (b) collecting, reporting and remitting required Taxes to relevant government authorities; (c) informing your End Users of required Taxes, and providing them with invoices as required by applicable law; (d) monitoring distance sales thresholds in the EU and other indirect Taxes (such as value-added tax or goods and services tax) and registration thresholds in the countries where you have customers or where you ship goods to or provide services to; and (e) registering for indirect Taxes in countries where you are required to register. You also agree that any tax estimates, reporting or related materials that we may provide via the Services are for illustration purposes only, and you may not rely on them to comply with your tax obligations. We do not give tax advice, and nothing we communicate should be interpreted as such.

1.1.2. Fulfillment And Delivery. You're solely responsible for fulfilling and delivering your products and services to your End Users. 

1.1.3. Claims And Warranties. You're solely responsible for any claims or warranties you make in connection with Your eCommerce and any claims made by End Users against you.

1.1.4. Customer Service. You're solely responsible for handling any comments or complaints related to Your eCommerce, including without limitation any issues related to payments, promotions, refunds or chargebacks. You agree to provide accurate and complete contact information on Your Sites so that your End Users can submit comments or complaints to you.

1.1.5. Site Terms, Policies And Legal Compliance. In addition to your obligations set forth in the Terms of Service to provide certain policies, you agree to post and make clearly available on Your Sites, and any other terms or policies that may be required by applicable law, and you warrant that Your Sites and Your eCommerce and your conduct will comply with all applicable laws and regulations. You agree that we do not and will not provide any legal advice regarding such terms, policies or compliance.

1.1.6. Consumer, eCommerce And Other Laws. You are also responsible for complying with any consumer, eCommerce, products, goods, services and related laws.

1.2. eCommerce Restrictions. You may not offer or sell any products or services which, in our sole discretion: (a) we consider hazardous, counterfeit, stolen, fraudulent, abusive or adverse to our interests or reputation; (b) are prohibited for sale, distribution or use; or (c) otherwise fail to comply with any applicable laws or regulations, including without limitation with respect to intellectual property, trade secrets, privacy or publicity rights, consumer protection, shipping or transportation, product safety or trade regulations or export controls, regulations or sanctions.

1.3. eCommerce Suspensions. While we’d prefer not to, we may, at any time and in our sole discretion, and without any notice to you, suspend, restrict or disable access to or remove your Account, Your Sites or Your eCommerce, without any liability to you or to any End Users, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses (except where prohibited by applicable law). For example, we may suspend Your eCommerce if you violate our Terms of Service.

1.4. eCommerce Payment Processors. To accept payments from your End Users in connection with Your eCommerce, you may integrate Your Sites with third party payment processors (“eCommerce Payment Processors”). Your relationship with such eCommerce Payment Processors is governed by those eCommerce Payment Processors’ terms and policies. We don’t control and aren’t liable for any eCommerce Payment Processors, or for any transaction you may enter into with or through any eCommerce Payment Processors. eCommerce Payment Processors are a Third Party Service, as defined in our Terms of Service. While we will try to provide advance notice, you agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, restrict or disable access to or remove from the Services, any eCommerce Payment Processors, without any liability to you or to any End Users, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses (except where prohibited by applicable law). Your eCommerce Payment Processors may provide invoices for any transaction fees associated with Your eCommerce transactions.

2.        Domains

2.1. Definitions

2.1.1. “ICANN” means the Internet Corporation for Assigned Names and Numbers (https://icann.org).

2.1.2. A “Registrar” under ICANN rules and policies means a company that offers domain name registration services to registrants in generic top-level domains (gTLDs). We, through our Squarespace group company affiliate Squarespace Domains LLC, act as a Registrar under certain circumstances (as further described below). 

2.1.3. A “Reseller” under ICANN rules and policies means a company that offers domain name registration services through a third party Registrar. We act as a Reseller under certain circumstances (as further described below). When we act as a Reseller, (a) we are not acting as a Registrar, and (b) the third party Registrar with whom we work is a Third Party Service (as that term is defined in our Terms of Service), and is Tucows, Inc. (“Tucows”).

2.2. Registrar Services. Where we act as a Registrar for your domain name registrations, renewals or transfers, you agree to and are subject to the Squarespace Domain Registration Agreement (the “DRA”). Your breach of our DRA is a breach of our Terms of Service

2.3. Reseller Services. Where we act as a Reseller for your domain name registrations, renewals or transfers, you agree to and are subject to the Tucows Terms and Conditions (the “Tucows Terms”). Your breach of the Tucows Terms is a breach of our Terms of Service

2.4. Applicability. We will inform you of whether we will act as a Registrar or as a Reseller for a particular domain name. You can also determine via the Services whether we act as a Registrar or as a Reseller for a particular domain name.

2.5. ICANN. Your use of our domain services is subject to the policies of ICANN, including without limitation the ICANN dispute resolution policies. Your rights and responsibilities as a domain name registrant under ICANN’s 2009 Registrar Accreditation Agreement are summarized here. You can learn more about domain name registration in general here. Country code top level domain names may not be subject to ICANN policies, and in such cases, the applicable policies are set forth in our DRA or the Tucows Terms, as applicable.

2.6. Transfers, Renewals And Refunds. You may not be able to transfer a domain name for the first sixty (60) days following registration. For renewals, we or our third party Registrar will try to provide you notice thirty (30) days before, five (5) days before and three (3) days after your scheduled domain renewal date. However, you agree that renewing your domain is solely your responsibility. If you cancel a domain name purchase within the first five (5) days following your purchase, we may provide a full refund, if and to the extent permitted by our DRA or the Tucows Terms. However, we don't offer refunds for domain renewals or transfers.

We reserve the right to transfer domain names for which we act as Reseller to our own Registrar (i.e., Squarespace Domains LLC). We will provide at least thirty (30) days’ written notice of such transfer and you will have the opportunity to opt-out.  Upon completion of such transfers for which you do not opt out, you will be deemed to have accepted and will thereafter be subject to our DRA.

3.        Squarespace Select

3.1. About the Select Services

3.1.1. Applicability. This Section 3 applies only to purchasers of our “Select” plan (the “Select Plan”) and cover your use of and access to the services provided under the Select Plan (the “Select Services”). The Select Services include the services listed in the Consultative Services Schedule in Appendix I below (the “Consultative Services”), which may be modified from time to time pursuant to these Product Specific Terms. Some or all Consultative Services may be limited by a fixed number of hours for a fixed period of time as specified in your Select Plan subscription. Hours not used during the applicable period of time will not carry over to the following period and will be forfeited, and you will not be entitled to any refund, discount or reimbursement for any such unused Consultative Services.

3.1.2. Account Managers. We will assign an “Account Manager” that: (a) will serve as your primary point of contact at Squarespace for your Select Plan; (b) will provide certain Select Services; and (c) may provide or otherwise coordinate the Consultative Services. We may from time to time change the Account Manager assigned to your Select Plan. 

3.1.3. Account Representatives. Your “Account Representatives” are your employees or agents that you designate to be your primary points of contact for the Select Services. You may assign three (3) such Account Representatives. You agree to make all your communications with Squarespace regarding the Select Services through your Account Representatives. Use of certain Select Services may be limited to your Account Representatives (including access to the Consultative Services).

3.1.4. User Content. Without limiting the generality of our Terms of Service, User Content includes information provided to us (whether through email, webforms or any other means) in connection with the Consultative Services.

3.2. Your Responsibilities, Representations And Warranties

3.2.1. Your Select Services Responsibilities. You agree to: (a) provide in a timely manner and in the form requested by Squarespace all documents, materials and information reasonably required in connection with our provision of the Select Services to you; (b) ensure that all such documents, materials and information are accurate and complete; and (c) provide in a timely manner any other cooperation requested by Squarespace in connection with our provision of the Select Services to you. We are not liable for any delay in providing or failure to provide the Select Services to the extent caused, directly or indirectly, by your breach of the immediately preceding sentence or by any act or omission of you, your Account Representatives, your agents, subcontractors, consultants or employees.

3.2.2. Your Select Services Representation and Warranties. You represent, warrant and covenant that: (a) if you are agreeing to the Product Specific Terms and the Terms of Service on behalf of an organization, then (i) you have all necessary right and authority to so bind that organization to the Product Specific Terms and Terms of Service, and (ii) you will provide any and all documentation we deem necessary to confirm the aforementioned right and authority; and (b) the Account Representatives can act on your behalf or otherwise represent you, and Squarespace may rely on the information and direction provided by any Account Representative.

3.3. Disclaimer of Select Services. Without limiting the generality of any disclaimers in the Terms of Service: (a) Squarespace makes no warranty or representation regarding any results or outcomes that may be obtained through the Select Services, or that any result or outcome will meet your requirements, expectations or objectives; (b) Squarespace does not endorse any particular use, practice or course of action; (c) the Select Services are provided as an informational and educational resource, and on an “as is” and “as available” basis; and (d) you will not rely on advice or information provided through the Select Services.

3.4.  Modifications to the Services. The Select Services will evolve as we refine, add and potentially remove features and services with the needs of our users. Squarespace may update and/or discontinue certain features or other aspects of Select Services from time to time. We’ll try to inform you of any changes with reasonable notice so you can adjust your use of the Select Services, but you agree that we have no obligation to do so. In addition, to the extent that Squarespace discontinues or cancels any of the Services set out in the Consultative Services Schedule in Appendix I below, such discontinuation or cancellation shall take effect upon the renewal of your then-current subscription period, and in subsequent renewal periods, you will be automatically transferred to the then-current Select Plan of comparable scope.

3.5. Additional Select Terms

3.5.1. Cancelling Automatic Subscription Renewals. Notwithstanding anything to the contrary in the Terms of Service or elsewhere in the Services, cancellation of auto-renewal of the Select Services can only be requested by contacting your Account Manager seven (7) business days prior to the end of your then-current subscription term.

3.5.2. Minimum Commitment. Except otherwise expressly agreed upon by us in writing, the minimum subscription period for Select Plans shall be twelve (12) months. 

3.5.3. Publicity. We may ask you to participate in a case study or provide a testimonial relating to your use and/or experience with the Select Services. Such case study or testimonial may be accessible or distributed publicly, including on our websites, through our advertising partners, through marketing materials and/or in white paper form. Your participation in any such case study or testimonial is voluntary, and should you agree to participate, you will be able to approve the materials prior to their finalization, provided that your approval shall not be unreasonably delayed or withheld (which may be determined based, among other factors, on the circumstances of your agreement to participate, commitments or promises to participate and the extent of your involvement). For the avoidance of doubt, nothing in this section shall be construed to limit or derogate our rights set forth in the Terms of Service.

3.5.4. Eligibility. Select Plans may not be eligible for all discounts, promotions or offers that we may advertise or otherwise provide to other subscription plans.

4.        Licensed Content

4.1.  About Licensed Content 

4.1.1. Description. Portions of the Services may enable you to use content or other materials which we have obtained the right for you to use (collectively, “Licensed Content”). Licensed Content is part of the Services. Licensed Content includes without limitation Licensed Fonts and Licensed Music (each as defined below). Some of the content that you may be able to use with the Services is Third Party Services and is not Licensed Content. Licensed Content is described here

4.1.2. Acknowledgement. You acknowledge and agree that (a) Licensed Content is neither sold nor distributed to you; (b) you may only use the Licensed Content in connection with your use of the Services; (c) your ability to use Licensed Content is, for each particular piece of Licensed Content, limited by the rights we have obtained for you; (d) you may only use Licensed Content as permitted and as intended by the Services; (e) unless we tell you otherwise, you may not and you may not enable others to download, store, modify, edit, reverse-engineer, decompile, disassemble, reverse compile, create derivative works of or attempt to derive the source code from the Licensed Content; and (f) we may change, terminate, suspend, restrict, disable or discontinue providing pieces of or all of the Licensed Content. 

4.1.3. Grant. For each piece of Licensed Content that you use as permitted and intended by the Services, solely in connection with your use of the Services, we grant you a non-exclusive, worldwide right and license to use such Licensed Content solely as permitted to be used by the Services and solely as intended to be used by the Services. You may not use Licensed Content in any way, intentional or otherwise, that competes, as determined by us in our sole discretion, with the Services. 

4.2.  Licensed Fonts. Portions of the Services may enable you to use fonts, typefaces and related software and designs which we have obtained the right for you to use (collectively, “Licensed Fonts”) on or in connection with the Services such as on Your Sites or in Your Videos. Some fonts that may be used with the Services are Third Party Services and are not Licensed Fonts. Unless we tell you otherwise: (a) you may only use Licensed Fonts solely on or in connection with Your Sites, Your Videos or other materials you create and/or distribute using the Services; and (b) you may not modify the Licensed Fonts. You may only use a Licensed Font as permitted by the Services and only as intended. For example, if a Licensed Font is intended for use on your Squarespace website, you may not use that Licensed Font in Your Videos or use that Licensed Font on a website that is not hosted or created using the Services. 

4.3.  Licensed Music 

4.3.1. Use of Licensed Music. Portions of the Services may enable you to use musical compositions (including without limitation music, lyrics, arrangements and the titles thereof), sound recordings (including without limitation the performances embodied thereon) and related music rights (collectively, “Licensed Music”) as part of videos or related materials you create using the Services. Solely to the extent the Services enable you to and subject to the limitations in this Section 4.3, you may reproduce, synchronize and otherwise use the Licensed Music in Your Videos. Your Videos that include Licensed Music are “Your Musical Videos.” 

4.3.2. Use of Your Musical Videos. You may publicly perform, distribute and otherwise use Your Musical Videos in any digital media (including without limitation on Your Sites). Unless you obtain express permission otherwise from the owner of the applicable piece(s) of Licensed Music, Your Musical Videos may not be shared in any non-digital media (including without limitation television or out-of-home). You can learn more about the owner(s) of Licensed Music here

4.3.3. Restrictions. The grant to use Licensed Music in this Section 4.3 does not convey to you any ownership rights in the underlying Licensed Music. Your usage of Licensed Music is limited only to what is expressly permitted in this Section 4.3 and by the Services. If Your Musical Videos include certain pieces of Licensed Music and you upload Your Musical Videos to a Third Party Service platform which enables video monetization, the owner of the particular piece of Licensed Music is permitted to and may monetize Your Musical Video on such platform by, for example, selling ad time via such platform. If you wish to understand which Licensed Music may be subject to such monetization and on which platforms or if you wish to purchase additional Licensed Music usage rights, you may read more about the Licensed Music and contact the owner(s) here. Unless we tell you otherwise: (a) you may only use Licensed Music on or in connection with Your Videos; (b) you may not modify the Licensed Music; (c) you may not use Licensed Music: (i) on a standalone basis without any User Content; (ii) in electronic templates or other applications enabling anyone other than you to synchronize the Licensed Music or otherwise create audiovisual or other materials therewith; (iii) in retail or on-demand products, such as e-cards, ringtones or screensavers; (iv) for the purpose of enabling file sharing of the audio file; (v) in logos, trademarks, service marks or other branding or identifiers; (vi) in a software application or video game; or (vii) in a way that falsely represents you as the original creator of a piece of Licensed Music; (d) you may not sell, modify, re-use or re-sell Licensed Music; and (e) you may not remove metadata from, reverse engineer, decompile, disassemble, download, republish, retransmit, reproduce or make any other use of the Licensed Music which is not expressly permitted under this Section 4.3. There may be additional provisions related to specific Licensed Music which you can read about here.

5.        Getty Images

Our Image Terms apply if you license Getty Images via the Services and cover how you may use such licensed images with the Services.

6.       SMS Features

The Services include features that may enable you to send short message service (“SMS”) messages to your End Users, including at specified times and/or upon the occurrence of specified events (such as the booking of an appointment or a reminder related to such appointment). You’re solely responsible for: (a) activating any SMS features; (b) informing your End Users of the nature of any SMS messages sent using such features; and (c) showing terms related to such SMS messages to an End User when an End User signs up to receive such SMS messages. 

In accordance with carrier compliance requirements, industry standards, and applicable laws, you are required to obtain an affirmative opt in from message recipients and make available applicable message terms of service to message recipients. The Services shall include by default opt-in functionality and terms that must be shown to message recipients on the opt-in page. Below is an example of such terms for use of SMS features for Squarespace Scheduling:

I would like to receive an SMS before my appointment. Opt in to receive an appointment reminder for [BUSINESS NAME] from SQSP Scheduling via SMS.

SMS Terms of Service 

This SMS reminder service is powered by SQSP Scheduling, to enable you to receive a reminder related to your appointment. These terms of service apply to your use of the reminder service. 

1. Message and data rates may apply.

2. You will receive one message per appointment reminder opt-in.

3. Reply to the short code with HELP for help or STOP to cancel the reminder service.

4. Carriers are not liable for delayed or undelivered messages.

5. Any information obtained via SMS service will not be shared with any third-parties for their marketing reasons/purposes.

6. This SMS service is powered by SQSP Scheduling. To learn more about Squarespace please see our Privacy Policy.

We may make changes to the opt-in functionality and default terms of service, as reasonably required. You are solely responsible for ensuring your use of the Services complies with all applicable laws and regulations. Do not activate the SMS features or send SMS messages to message recipients if sending such messages is not in compliance with local laws or industry standards applicable to you or your business. End User phone numbers obtained through SMS features will not be shared with any third parties for marketing purposes. Otherwise, any personal information received by Squarespace in connection with the SMS features is subject to our Privacy Policy.

7.       Shipping Labels

7.1. Shipping Services and Shipping Labels. The Services may include shipment features to assist you with fulfillment and delivery of your products and services to your End Users (the “Shipping Services”). The Shipping Services may enable you to find, compare, select and purchase from one or more third-party courier services (“Courier”), like the United States Postal Service ("USPS"). If you purchase a shipment service, where applicable, we will generate a shipping label that may be printed from your Account, to assist you with fulfillment and delivery of your products and services to your End Users (each, a “Shipping Label”). Squarespace serves as an intermediary between you and your selected Courier. The inclusion of any Courier as a Shipping Label option shall not be deemed an endorsement, certification, affiliation, partnership or warranty of the Courier by Squarespace. Information related to each Courier available via the Shipping Services, may be found here

7.2. Fulfillment And Delivery. You're solely responsible for fulfilling and delivering your products and services to your End Users, even if you use our Shipping Services to assist you with your shipments. It is your responsibility to ensure that appropriate packaging is used for your shipment. You agree that Squarespace is not responsible for any acts, omissions or errors of the selected Courier, including any shipment that is lost, damaged or delayed, or if you are an EU resident and your package is not delivered within thirty (30) days, your recourse will be with the Courier and not us. We carry no risk of loss or damage once a package has been accepted by the Courier for fulfillment and delivery. Squarespace does not collect, transport or deliver shipments.

7.3. Additional Restrictions and Indemnity

7.3.1. You are responsible for the contents of any shipment you dispatch. In addition to our Acceptable Use Policy, you agree to comply with the terms, rules or policies imposed by the selected Courier (collectively, the “Courier Terms”). Courier Terms include without limitation the Courier’s prohibited items list. You represent and warrant that your shipments will not contain non-compliant items and will otherwise comply with the applicable Courier Terms. For example, the USPS’ prohibited items list is here. The circumvention of our Acceptable Use Policy or the selected Courier Terms is prohibited. 

7.3.2. To the fullest extent permitted by law, you agree to indemnify and hold harmless Squarespace and its affiliates and its and their directors, officers, employees and agents from and against all damages, losses, liabilities, costs, claims, demands, fines, awards and expenses of any kind (including without limitation reasonable attorneys' fees and costs) arising out of or related to: (a) your breach of these Shipping Terms; and (b) your violation of any Courier Terms.

7.4. Shipping Fee. The cost of the Shipping Services selected and each Shipping Label will depend on the origin, destination, weight, mail class, package type, and dimensions of each shipment. The shipping fee will be calculated based on the information you submit to us and will be set out in your order before you confirm your purchase (“Shipping Fee”). You must ensure that the information provided is complete and accurate. 

7.5. Additional Charge. You are responsible for any additional charges due to: (a) any misstatements or inaccurate information provided by you or your End Users of the origin, destination, weight, mail class, package type, and dimensions of the shipment; (b) deliveries on weekends or holidays; (c) local customs charges; (d) import taxes or duties; (e) returned or abandoned shipments; (f) noncompliance by you or your End Users with our Terms of Service or any applicable Courier Terms; or (g) any similar charge(s) incurred (collectively, “Additional Charges”). 

7.6. Payment Method. By purchasing Shipping Services and Shipping Labels from Squarespace, you authorize us to automatically charge the Shipping Fee and any applicable Additional Charges using the payment method you have on file with us. If we are unable to charge any Shipping Fee or Additional Charges against the payment method you provide, you agree to pay all amounts due upon demand. Failure to keep your payment method details up to date may result in your inability to purchase Shipping Labels or other Services.

7.7. Refunds. You may request a refund for unused, unscanned Shipping Labels and the related Shipping Services, but such refunds are subject to the policies of the applicable Courier. If a Courier refuses to issue a refund, Squarespace will not be responsible for refunding any postage fees paid to the Courier by Squarespace. Squarespace may, at its discretion, issue a refund of any fees paid. Any fee refund claims must be filed within thirty (30) days after the Shipping Services were purchased. 

7.8. Shipment Information Sharing. In accordance with our Privacy Policy, you acknowledge and agree that we may share personal information related to your shipment with: (a) the applicable Courier to facilitate the shipment; and (b) any relevant tax authority, where required by law. You further acknowledge that the Courier’s use of the personal information will be in accordance with their privacy policy and other Courier Terms. Courier may contact you or your End User to facilitate deliveries. 

7.9. Local and International Delivery and Customs Regulations. You shall comply with all local and international delivery and customs regulations, applicable duties and taxes. Squarespace shall not be responsible for any duties or taxes in connection with the Shipping Services.

8.        Term and Termination

These Product Specific Terms will remain in effect until our Terms of Service are terminated pursuant to the terms therein. All sections of these Product Specific Terms that by their nature should survive termination shall survive termination, including without limitation those sections relating to your responsibilities, your representations, your warranties, and disclaimers of any of the products or Services referred to herein.

9.        Modifications to Product Specific Terms

We may modify these Product Specific Terms from time to time, and will post the most current version on our site. If a modification meaningfully reduces your rights, we may notify you in accordance with the procedures set forth in our Terms of Service. By continuing to use or access  any of the products or Services referred to herein after any modifications come into effect, you agree to be bound by the modified Product Specific Terms and price changes. If you disagree with our changes, then you must stop using the applicable Services and cancel the applicable Paid Services.

Appendix I - Consultative Services Schedule for Select Plans

  • Tailored Onboarding

  • Private Product Trainings

  • Quarterly Site Reviews

  • SEO Consultations

  • Technical Consultations

  • Design Consultation