Terms of Service

DRAFT for review, 2026-10-10. Not in effect. Not yet reviewed by outside counsel.

1. Who we are and what these Terms cover

1.1. These Terms of Service ("Terms") are a binding agreement between you and OnSide Software, Inc., a Delaware corporation registered to do business in Arizona ("OnSide," "we," "us," or "our"), with its principal office at 300 W. Clarendon Ave., Suite 130, Phoenix, Arizona 85013.

1.2. These Terms govern your purchase and use of:

(a) the OnTrial Notebook, in its Standard and Professional editions, including any state rules included in a Professional edition copy;

(b) the OnTrial Hearing Notebook;

(c) any other notebook, template, form, helper page, or digital product we offer under these Terms; and

(d) any updates, corrections, or new versions of them that we provide to you

(together, the "Products"), and your use of our website at www.onsidesoftware.com (the "Site").

1.3. How you accept these Terms. You accept these Terms when you check the box agreeing to them at checkout, or when you download, open, or use any Product, whichever happens first. If you do not agree, do not buy, download, or use the Products. If you accept on behalf of a law firm or other organization, you confirm that you have authority to bind it, and "you" includes that organization.

1.4. The copy of these Terms inside your Notebook. Each Product copy contains the version of these Terms in effect when that copy was built. That version governs that copy. Section 19 explains how later changes apply.

1.5. Order of precedence. If these Terms conflict with the Important notice or any other text inside a Product, these Terms control.

2. Eligibility

2.1. Anyone who is at least 18 years old and able to form a binding contract may buy the Products.

2.2. The Products are intended for use by attorneys licensed to practice law in the courts of the United States, and by the staff who work under their supervision. They are built around United States federal and state rules. If you are not such an attorney, the Products are not a substitute for one, and Section 3 applies to you with particular force: consult a licensed attorney before relying on anything in them.

3. Not legal advice; your professional responsibility

3.1. No legal advice. The Products are organizing and reference tools. They are not legal advice and are not a substitute for your own legal research, your own professional judgment, or the advice of counsel. OnSide is not a law firm. Using the Products does not create an attorney-client relationship, or any other professional or fiduciary relationship, between you and OnSide or any of its officers, employees, or contributors.

3.2. Rules change. Rules of evidence and procedure, local rules, and standing orders differ from place to place and change over time. Each Product, and each state rules section, states the date its content is current to. We do not promise that any rule, citation, deadline, script, checklist, or form in a Product is complete, current, or correct for your case, court, or judge. You are responsible for checking every one of them against current official sources before you rely on it.

3.3. Your duties to your clients and the court. You remain solely responsible for your work, your filings, your advice to clients, and your compliance with the rules of professional conduct that apply to you, including your duties of competence, supervision, and confidentiality. Nothing in a Product guarantees that any evidence will be admitted, that any objection will be sustained, or that any result will follow.

3.4. No court holdings. The Products state rules and suggest practices. They do not state the holdings of any court, and nothing in them should be read as a statement of case law.

4. Your license

4.1. License grant. Subject to these Terms and your payment of the applicable fees, OnSide grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Products you purchase, for your own law practice, as follows.

4.2. The Licensee. The license belongs to the individual named at purchase and identified in the Product (the "Licensee"). Each license is for one individual. A firm that wants several lawyers to use the Products buys one license for each of them.

4.3. What you may do. The Licensee may:

(a) keep the copy we deliver as a blank master, and back it up;

(b) make as many copies of the blank master as the Licensee needs, one or more for each case or matter the Licensee handles (each a "Case Copy");

(c) open and use the blank master and Case Copies on any computers, tablets, and other devices that the Licensee owns or controls;

(d) allow the Licensee's own employees and contractors (such as an associate, paralegal, or legal assistant) who work on the Licensee's matters under the Licensee's supervision ("Authorized Users") to use Case Copies for those matters; and

(e) share a completed or partly completed Case Copy with co-counsel, the client, an expert, or the court in that same matter, for that matter only.

4.4. Editions. The Standard edition is locked against adding, removing, or replacing pages. The Professional edition allows pages to be added and may include state rules. Each edition is licensed only as the edition purchased.

5. What you may not do

5.1. Except as Section 4 expressly allows, you may not, and may not allow anyone else to:

(a) copy, distribute, share, sell, resell, rent, lend, sublicense, publish, or otherwise transfer a Product, a blank master, or any part of one, to anyone other than an Authorized User;

(b) share a Case Copy with anyone so that they can use it as a blank notebook or template for another matter;

(c) post a Product, or any page, script, or substantial part of one, on any website, file-sharing service, marketplace, forum, or social network;

(d) remove, alter, hide, or obscure any copyright notice, trademark, license notice, Licensee identification, serial number, or these Terms in a Product;

(e) remove, disable, bypass, or circumvent the page lock, the permissions settings, the modified-copy check, the digital signature, or any other technical protection in a Product;

(f) copy, adapt, or reuse the Products' scripts, layout, design, page structure, text, or compilations to create a competing or substantially similar product;

(g) use a Product, or any part of one, to train, fine-tune, test, or improve any artificial intelligence or machine learning model, or include it in any dataset; or

(h) use a Product in violation of any law or court order, or any rule of professional conduct that applies to you.

5.2. Your Case Copies remain yours to use. Section 5.1 does not limit your use of Your Content (defined in Section 7).

5.3. Safeguards and consequences. Section 17 describes the safeguards built into the Products and what happens if these Terms are broken.

6. Intellectual property

6.1. Our ownership. OnSide and its licensors own all right, title, and interest, including all copyrights, trademarks, trade secrets, and other intellectual property rights, in and to the Products and the Site, including their text, scripts, checklists, outlines, page designs, layouts, graphics, the selection, arrangement, and compilation of their content, and all updates and copies. The Products are licensed, not sold. We reserve all rights not expressly granted to you in these Terms.

6.2. Public law. We do not claim ownership of the text of any statute, rule, regulation, or court order. Our rights extend to our own expression and to our selection, arrangement, and presentation of material.

6.3. Trademarks. OnSide, OnTrial, OnTrac, OnTime, OnFile, the OnTrial checkmark logo, and our other names, logos, and trade dress are trademarks of OnSide Software, Inc. You may not use them without our prior written permission, except to identify our Products accurately and without suggesting endorsement. [Applications to be filed the week of October 12, 2026. Until a registration issues, these marks take the TM symbol, never the registered-mark symbol; update this line as each registration issues.]

6.4. Third-party names. Adobe, Acrobat, PDF Viewer, Nutrient, Apple, iPad, Microsoft, Windows, and other product names belong to their owners. OnSide is not affiliated with them, and they have not endorsed the Products.

6.5. Feedback. If you send us suggestions, ideas, or comments about the Products ("Feedback"), you grant OnSide a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate that Feedback without restriction or payment. Do not include client confidential information in Feedback.

6.6. Copyright complaints. If you believe material on the Site infringes your copyright, write to our Copyright Agent: Copyright Agent, OnSide Software, Inc., 300 W. Clarendon Ave., Suite 130, Phoenix, Arizona 85013, legal@onsidesoftware.com, identifying the work, the material, where it appears, and your contact information, with a statement made in good faith that you are the owner or authorized to act for the owner. We will review every notice and respond.

7. Your content and your clients' information

7.1. You own Your Content. Everything you or your Authorized Users type, paste, link, or insert into a Product, including case information, client information, notes, outlines, links, and inserted documents ("Your Content"), belongs to you. OnSide claims no ownership of Your Content and no license to it.

7.2. We do not receive Your Content. The Products are files that run on your own devices. They do not send Your Content to OnSide or to anyone else. The Products contain no analytics, tracking, advertising, or telemetry, and they do not "phone home." OnSide does not have access to Your Content unless you choose to send it to us.

7.3. Links you enter. Some Products let you store web links and open them. A link opens only the address you entered, in your own browser or app, under that site's own terms and privacy practices. OnSide does not see, log, or control those links or those sites.

7.4. Your security responsibilities. You are responsible for protecting Your Content, including where you store your Case Copies, how you back them up, which cloud services you use, whom you share them with, and how you secure your devices (for example, with device encryption, passcodes, and current software). The page lock and other protections in a Product protect the Product's design. They do not encrypt or protect Your Content.

7.5. Professional confidentiality. You are responsible for meeting your own duties to protect client confidential information, including any duty to make reasonable efforts to prevent unauthorized access to it. Because OnSide never receives Your Content, OnSide is not your vendor for storing or processing client data, and it is not a "business associate" under the Health Insurance Portability and Accountability Act. Do not send OnSide any protected health information.

7.6. If you send us a file for support. If you ask for help with a Case Copy, send us a blank copy or remove client confidential information first whenever you can. If you send us a file that contains Your Content, we will use it only to provide the support you asked for, limit access to the people who need it, keep it confidential, and delete it within 30 days after the support request is closed, unless you ask us to keep it longer or the law requires otherwise.

8. Privacy: the information we do collect

8.1. What we collect. OnSide collects only the information we need to sell, deliver, license, and support the Products:

(a) Purchase and license information: your name, firm name, email address, billing address, the Products and edition you bought, the date, the price, your license serial number, and the Licensee name built into your copy;

(b) Payment information: processed by our payment processor, Stripe, Inc.. OnSide does not receive or store your full card number;

(c) Support communications: the messages you send us by email or voicemail, and any files you choose to send (see Section 7.6); and

(d) Site information: the Site uses no cookies, analytics, advertising, or tracking, and our own pages have no forms. Our web host may record basic technical information when you visit, such as your IP address, browser type, and the pages you request, for security and operations, under its own privacy terms. The help assistant on the Site loads nothing and sends nothing until you open it and ask a question. Your questions and its answers are sent to our AI provider, Anthropic, PBC, to generate the answers, under Anthropic's commercial terms; we do not store the conversation, and the assistant sets no cookies. Do not enter client confidential information in the assistant. Checkout pages are provided by Stripe, which uses its own cookies for payment processing and fraud prevention, under its own privacy policy.

8.2. Licensee identification in your copy. Each copy we deliver identifies the Licensee by name and serial number, in the file and on its pages, and may carry our digital signature. This identifies the licensed copy and deters unauthorized sharing. It is not used to track you, and the file does not report it to us.

8.3. How we use it. We use this information to process your order, deliver the Products, verify licenses, prevent and investigate license violations and fraud, provide support, send you notices about your purchase and important corrections, keep business and tax records, and comply with the law. We will send you marketing email only if you agree to receive it, and you may unsubscribe at any time.

8.4. Who we share it with. We share information only with service providers who help us run our business (such as our payment processor, email provider, web host, and AI provider), under obligations to protect it and use it only for us; with our professional advisers; when the law, a court order, or a government request requires it; to protect our rights or investigate a license violation; and with a buyer or successor if OnSide's business is sold or reorganized, subject to these Terms. We do not sell your personal information, and we do not share it for targeted advertising.

8.5. How long we keep it. We keep purchase and license records for as long as your license is in effect and for 7 years after, for tax, accounting, and license verification purposes. We keep support communications for 2 years after the request is closed, except files covered by Section 7.6.

8.6. Your choices and rights. You may ask us to tell you what personal information we hold about you, to correct it, or to delete it, by writing to privacy@onsidesoftware.com. We will respond within 45 days. We may keep information that we must keep by law or need to verify your license, and we will tell you if we do. Depending on where you live, state privacy laws may give you additional rights, and we will honor them as those laws require.

8.7. Security. We use reasonable administrative, technical, and physical safeguards to protect the information we hold. No method of storage or transmission is completely secure. If we learn of a security breach affecting your personal information, we will notify you as the law requires.

8.8. Children. The Products and Site are not directed to children, and we do not knowingly collect information from anyone under 18.

8.9. Privacy Notice. This Section 8 is also published as our Privacy Notice at www.onsidesoftware.com/privacy. The two are kept identical; if they ever differ, the one with the later effective date controls.

9. Purchases, payment, and taxes

9.1. Prices. Prices are shown at checkout in U.S. dollars. We may change prices for future purchases at any time. A price change does not affect a purchase already completed.

9.2. Payment. Each Product is a one-time purchase of a license to the version you buy. It is not a subscription, and nothing renews or is charged automatically. You authorize us and our payment processor to charge the payment method you provide for the total shown at checkout.

9.3. Taxes. Prices do not include sales, use, or similar taxes unless checkout says so. You are responsible for any taxes that apply, and we will collect them where the law requires.

9.4. Where to buy. The Products are sold only at www.onsidesoftware.com. A copy bought or obtained anywhere else is not licensed and may be counterfeit. Please tell us about any other seller at support@onsidesoftware.com.

9.5. Delivery. We deliver the Products electronically, by download link or email. Delivery is complete when the download is made available to you. Download links may expire after 30 days. If yours expires, contact us for a new one.

10. Refunds

10.1. All sales are final. Because the Products are delivered digitally and can be copied, all sales are final and we do not offer refunds, except where the law requires a refund, or where a Product is materially defective and we cannot correct the defect within a reasonable time after you tell us about it.

10.2. If we give a refund. If we refund a purchase for either of those reasons, your license ends, and you must delete the blank master and stop creating new Case Copies. You may keep Case Copies you have already used for client matters, as Section 13.3 describes.

10.3. Chargebacks. If you dispute a charge with your card issuer instead of contacting us first, we may suspend your license while the dispute is pending.

11. Updates, corrections, and support

11.1. Updates are free. From time to time we may release corrections and revisions to the version of a Product you purchased ("Updates"), for example to correct an error or reflect a rule change. Updates are free to the Licensee of that version. We decide whether and when to release Updates and are not required to release any.

11.2. New versions are not free. We may also release new versions or editions of a Product ("New Versions"), for example a new annual edition, a new state rules section, or substantially new features. New Versions are separate products, sold for an additional fee, which we may offer at a reduced price to existing Licensees. Buying a license to one version does not entitle you to any New Version.

11.3. Terms for Updates and New Versions. An Update or New Version is subject to the Terms in effect when it is delivered, as Section 19 describes.

11.4. Notice of significant errors. If we learn that a Product contains a significant error in a stated rule or citation, we will make reasonable efforts to notify Licensees of that Product by email. You remain responsible for checking every rule before you rely on it.

11.5. Support. Support is by email at support@onsidesoftware.com. The Site also has an AI help assistant that answers questions about using the Products; it is not a person, it does not give legal advice, and its answers can be wrong, so confirm anything important with support. You may also leave a message at [SUPPORT PHONE]. We do not offer live support. We reply to every support request within one business day (Monday through Friday, Arizona time, excluding U.S. federal holidays). Support covers installing and using the Products as designed. It does not include legal advice or advice about any case.

11.6. Supported apps. The Products are designed and tested for Adobe Acrobat Reader on Mac and Windows computers, and for PDF Viewer by Nutrient on the iPad, as each existed when the Product was built. We do not control those apps and do not promise that the Products will work in other apps or in future versions of those apps. Some features do not work in apps that do not run PDF scripts. Saving a Product in an app that removes its scripts (such as Preview on the Mac) can disable features permanently.

12. Third-party apps, sites, and materials

The Products work inside apps made by others and may contain or open links to third-party websites, court sites, and legal research services. OnSide does not control and is not responsible for any third-party app, website, service, or content, or for its availability, accuracy, security, or privacy practices. Your use of them is governed by their own terms. Any open-source software we use in a Product or helper is licensed under its own license, which we will list in the Product or on the Site.

13. Term and termination

13.1. Term. Your license begins when you accept these Terms and continues until it ends under this Section.

13.2. Termination. Your license ends automatically, without notice, if you materially breach these Terms, including Section 5. We may also end your license by written notice if you fail to pay, if a payment is reversed, or if we refund your purchase. You may end your license at any time by deleting the Products.

13.3. What happens when your license ends. You must stop using and delete the blank master and any unused copies, and you may not create new Case Copies. You may keep, read, and print Case Copies that contain Your Content for client matters, as part of your client files, for as long as your record-keeping obligations require, but you may not use them as templates for new matters.

13.4. Survival. Sections 3, 5, 6, 7, 8, 10.3, 13.3, 13.4, and 14 through 21 survive the end of your license.

14. Disclaimer of warranties

14.1. THE PRODUCTS AND THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT THE LAW ALLOWS, ONSIDE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, CURRENCY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

14.2. WITHOUT LIMITING SECTION 14.1, ONSIDE DOES NOT WARRANT THAT ANY RULE, CITATION, DEADLINE, SCRIPT, CHECKLIST, OR STATE RULES SECTION IS CORRECT, COMPLETE, OR CURRENT; THAT THE PRODUCTS WILL MEET YOUR NEEDS OR WORK IN ANY PARTICULAR APP OR DEVICE; THAT THEY WILL BE ERROR-FREE OR UNINTERRUPTED; OR THAT ANY DATA YOU ENTER WILL BE PRESERVED. YOU ARE RESPONSIBLE FOR BACKING UP YOUR CASE COPIES.

14.3. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you. Where the law does not allow a warranty to be excluded, its duration is limited to 30 days from purchase.

15. Limitation of liability

15.1. TO THE FULLEST EXTENT THE LAW ALLOWS, ONSIDE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRIBUTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, FEES, CLIENTS, GOODWILL, OR DATA, OR ANY ADVERSE RESULT IN ANY CASE, HEARING, OR TRIAL, ARISING OUT OF OR RELATING TO THE PRODUCTS, THE SITE, OR THESE TERMS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ONSIDE HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.

15.2. TO THE FULLEST EXTENT THE LAW ALLOWS, ONSIDE'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE PRODUCTS, THE SITE, OR THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID ONSIDE FOR THE PRODUCT GIVING RISE TO THE CLAIM IN THE 12 MONTHS BEFORE THE CLAIM AROSE.

15.3. These limits are an essential part of the bargain between you and OnSide and apply even if a limited remedy fails of its essential purpose. They do not limit liability that cannot be limited under applicable law.

16. Indemnification

You will defend, indemnify, and hold harmless OnSide and its officers, directors, employees, contributors, and agents from and against any claim, demand, loss, liability, and expense (including reasonable attorneys' fees) brought by a third party, including any client or former client of yours, arising out of or relating to: (a) your use of the Products, including any advice, filing, or trial decision you made while using them; (b) Your Content; (c) your breach of these Terms; or (d) your violation of any law or rule of professional conduct. We will give you prompt notice of any such claim and reasonable cooperation, at your expense, and we may participate with our own counsel at our own expense.

17. Safeguards in the Products, and what happens if you break these Terms

17.1. The safeguards we build in. To protect the Products from copying and tampering, and to protect licensed users, each Product copy may include the following safeguards. You agree not to disable, bypass, or interfere with any of them (Section 5.1(e)).

(a) Licensee identification. Each copy identifies the Licensee by name and by a unique serial number, on its pages and inside the file. The identification ties every copy and Case Copy made from it to the license it came from.

(b) Digital signature. Each copy may be digitally signed by OnSide. A PDF app that checks signatures will show that a signed copy is genuine, and will show when a copy has been changed after signing.

(c) Page lock (Standard edition). The Standard edition is set so that PDF apps that honor its permissions will not insert, delete, replace, or move pages.

(d) Modified-copy check. When a copy opens, it checks that its own pages and parts are intact. If they are not, the copy shows a "Modified copy" notice, turns off some features, and asks you to contact OnSide support. Your entries in the copy are not changed or deleted.

(e) Copyright and license notices. Each copy carries copyright notices, these Terms, and license notices.

(f) Matter history. Each copy keeps, inside the file, a record of the case names entered in it and when each was entered, and reminds you to start each new matter from your blank master. The record stays in the file and is never sent to OnSide.

17.2. What the safeguards do not do. The safeguards work entirely inside the file, on your device. They do not collect, read, or send Your Content or any other information to OnSide or anyone else. They do not track where or how you use the Products. They never lock you out of Your Content or delete it, and they never disable a copy remotely. They are deterrents and evidence, not guarantees: removing or bypassing them is a breach of these Terms whether or not it succeeds.

17.3. Consequences of a breach. If you breach Section 4 or Section 5, or otherwise materially breach these Terms:

(a) Your license ends automatically, as Section 13.2 provides, and you must stop using and delete the blank master and unused copies. You may still keep Case Copies that contain Your Content as part of your client files, as Section 13.3 provides;

(b) No refund. You are not entitled to a refund of any fees paid;

(c) Loss of updates and future purchases. We may cancel your download links, stop providing updates and support, and refuse future sales to you;

(d) License fees for unauthorized use. You must pay OnSide, for each person who used and each copy that was distributed without a license, the full list price of the license that use would have required, at the price in effect when the use began. This does not authorize the use or limit our other remedies;

(e) Injunction. Unauthorized copying, distribution, or circumvention would cause OnSide irreparable harm for which money damages would not be an adequate remedy. OnSide may seek a temporary restraining order, preliminary and permanent injunction, or other equitable relief, without posting a bond to the extent the law allows, in addition to any other remedy;

(f) Remedies under copyright law. The Products are protected by the U.S. Copyright Act. Unauthorized copying or distribution may infringe OnSide's copyrights, and removing or altering the Licensee identification, copyright notices, or license notices, or circumventing the page lock or other technical protections, may also violate the federal laws protecting copyright management information and technological protection measures (17 U.S.C. 1201 and 1202). OnSide registers the copyright in its Products with the U.S. Copyright Office and may pursue every remedy those laws provide, which can include actual or statutory damages, attorneys' fees, and costs;

(g) Attorneys' fees. If OnSide prevails in enforcing these Terms against you, you must pay OnSide's reasonable attorneys' fees, expert fees, and costs, as Section 18.7 provides; and

(h) Indemnity. Section 16 applies to any third-party claim arising from your breach.

17.4. Tracing unauthorized copies. If we have reason to believe a copy is being used or shared without a license, we may use the Licensee identification and serial number in that copy to identify the license it came from, and we may contact that Licensee. A Licensee is responsible for unauthorized copies made from its license, including by its Authorized Users, unless the Licensee shows that the copy was taken without its knowledge despite reasonable care and promptly tells us when it learns of it.

17.5. Verify your copy; tell us about a problem. You can confirm that a copy is genuine at www.onsidesoftware.com/verify, using its serial number and Licensee name; the page answers only whether they match a license we issued. If you learn that your copy was shared or taken without your permission, or that someone is distributing or selling the Products, please tell us at support@onsidesoftware.com. If a copy shows a "Modified copy" notice that you did not cause, contact support; we will help you recover your entries into a clean copy.

17.6. Our rights are cumulative. These remedies are in addition to any other rights and remedies OnSide has under these Terms or the law. Section 15 does not limit your liability for breach of Sections 4 or 5, or for infringing OnSide's intellectual property.

18. Disputes, governing law, and venue

18.1. Talk to us first. Before filing any claim, you and OnSide agree to try to resolve the dispute informally by written notice to the other, describing the dispute and the relief sought, and by good-faith discussion for at least 30 days.

18.2. Governing law. These Terms and any dispute arising out of or relating to them or the Products are governed by the laws of the State of Arizona, without regard to its conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

18.3. Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Products, including any question about whether this Section applies, will be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (or its Consumer Arbitration Rules, where those rules require), before a single arbitrator, seated in Maricopa County, Arizona. Judgment on the award may be entered in any court with jurisdiction.

18.4. Exceptions. Either party may bring an individual action in small claims court in Maricopa County, Arizona, if the claim qualifies. Either party may also ask a court to stop infringement or misuse of its intellectual property or a breach of Section 5, including by temporary, preliminary, or permanent injunction under Section 17.3(e).

18.5. Courts in Maricopa County. Any court action permitted by Section 18.4, and any action to compel arbitration or to confirm, vacate, or enforce an award, must be brought exclusively in the state or federal courts located in Maricopa County, Arizona, and you and OnSide consent to their personal jurisdiction and venue.

18.6. Individual claims only. YOU AND ONSIDE WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

18.7. Attorneys' fees. In any arbitration or court action arising out of or relating to these Terms or the Products, the prevailing party may recover its reasonable attorneys' fees, expert fees, and costs.

18.8. Time limit. To the extent the law allows, any claim arising out of or relating to these Terms or the Products must be brought within one year after it arose.

19. Changes to these Terms

19.1. We may change these Terms from time to time. The current version, with its effective date, will be posted on the Site.

19.2. A change applies to purchases made, and to updates delivered, after its effective date. The version of these Terms contained in a Product copy continues to govern that copy, except that a change required by law, or a change that only clarifies these Terms or benefits you, applies on posting. If a change would reduce your rights under a license you already purchased, it will not apply to that license unless you agree to it.

20. Export and government users

20.1. You may not use, export, or re-export the Products in violation of U.S. export control or sanctions laws, or to any person or place prohibited by them.

20.2. The Products are "commercial computer software" and "commercial computer software documentation." Any U.S. government use is subject only to the rights granted in these Terms.

21. General

21.1. Entire agreement. These Terms, together with your order confirmation, are the entire agreement between you and OnSide about the Products and replace any earlier understanding.

21.2. Assignment. You may not assign or transfer these Terms or your license without our prior written consent. OnSide may assign these Terms in connection with a merger, acquisition, or sale of all or part of its business.

21.3. Severability. If any provision is held unenforceable, it will be enforced to the maximum extent permissible, and the rest of these Terms will remain in effect.

21.4. No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.

21.5. Force majeure. OnSide is not liable for any delay or failure to perform caused by events beyond its reasonable control.

21.6. Electronic notices. You agree that we may give you notices by email to the address you provided at purchase, or by posting on the Site, and that electronic notices satisfy any requirement that notices be in writing. Keep your email address current with us.

21.7. Independent parties. You and OnSide are independent contracting parties. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

21.8. No third-party beneficiaries. These Terms do not give any right to anyone other than you and OnSide, except the indemnified persons in Section 16.

21.9. Headings. Headings are for convenience only. "Including" means "including without limitation."

22. Contact

OnSide Software, Inc.

300 W. Clarendon Ave., Suite 130, Phoenix, Arizona 85013

Support: [SUPPORT PHONE], support@onsidesoftware.com

Privacy: privacy@onsidesoftware.com

Legal notices: legal@onsidesoftware.com