Postman Terms of Service

Effective date: July 18, 2025

These Terms of Service replace and supersede all prior versions, as of the Effective Date.

These Terms of Service, and incorporated terms and policies below, (together the "Terms") are an agreement between Postman, Inc., a Delaware corporation located at 1 Market Plaza, Ste 0800, Steuart Tower, San Francisco, CA 94105, USA, on behalf of itself and its Affiliates ("Postman," "we," or "us") and you ("Customer," "you," or "your") for the use of the Postman Services (defined below). By downloading, installing, or using the Services on any computer system, or by accepting these Terms (either by clicking a box indicating that you accept these Terms or by executing a mutually agreed upon ordering document referencing these Terms), you acknowledge and agree that you have read, understand, and agree to be bound by these Terms, and you acknowledge that you have read and understand Postman's Privacy Policy.

1.1. Individual vs. Company Use. If you are agreeing to these Terms not as an individual but on behalf of your company, government, or other entity for which you are acting (for example, as an employee), then "you" or "Customer" means such entity and you are binding the entity to these Terms. You represent and warrant that you have the authority and right to enter into these Terms on behalf of such entity, and to observe and perform your respective obligations contained in these Terms. If you do not have such authority or if you do not agree with these Terms, do not accept these Terms and do not use the Services.

If you are creating an account for your personal use and not as part of the work you are performing for your employer or other entity, it is recommended you do NOT use an email address associated with your employer's / that organization's email domain. You should review your employer's or organization's internal policies about your rights to use your employee/work email addresses for personal use of applications like Postman, as well as Postman's Privacy Policy for information that may be shared with your employer or organization if you are using a domain registered to that employer or organization.

1.2. Age Requirement. The Services are not intended for and may not be used by anyone under the age of 13 (or 18 for Users outside of the United States). Customers must ensure that all its Users are at least the age of majority where they reside in order to use the Services.

The Services include certain code and libraries licensed to us by third parties, including open source software ("OSS") as listed at here along with the applicable OSS license. Your right to use such OSS shall be governed by the applicable OSS license agreement instead of these Terms.

1.3. When these Terms are not applicable:

1. Separate Entity Agreements. If an organization or entity, such as your employer, has issued you a User Account for use of the Postman Services, the terms of the definitive agreement between Postman and that organization (an "Entity Agreement") will govern your use of the Services.
2. Postman Websites and the Postman Store. An individual's access to and use of the publicly available website pages managed by Postman, including but not limited to posting content for public view on in community.postman.com, and use of www.postman.com, blog.postman.com, and learning.postman.com ("Websites”), are governed by the Postman Website Terms of Use and the Postman Privacy Policy. Terms for the Postman-branded merchandise store are governed by the terms at https://store.postman.com/pages/terms/.

2.1. "Account Admin" means an Authorized User with a role of "Admin" or "Super Admin"; such permissioning enables access to certain additional features and functionalities of the Services in order to monitor and administer the Organization Account (including to manage Teams, Users, add-ons, and other permissioning and access within Customer's Organization Account).

2.2. "Account Info" means the information provided by Customer to Postman to establish and maintain the Organization Account and for identification and administration of the Customer's subscription, such as Customer identifying information and billing information.

2.3. "Affiliate" means with respect to a party, any entity that directly or indirectly controls, is controlled by, or is under common control with that party. For purposes of this definition, “control” means the direct or indirect ownership of more than fifty percent (50%) of the voting interests of such entity, or the power to direct or cause the direction of the management and policies of such entity, whether through ownership, by contract, or otherwise.

2.4. "Annual Plan" refers to a Subscription Plan to the Services, as designated in Customer's Order, whereby Customer is billed on an annual basis and its committed Subscription Term is one or more years at a time.

2.5. "Authorized User" or "User" means (i) with respect to an individual Customer that subscribed to Postman online via Self-Serve: an individual collaborator that Customer has invited and/or authorized to access Customer's Team(s) and/or Workspace(s) via such individual collaborator's own unique Postman username and password, and (ii) with respect to all entity (non-individual) Customers, including all Sales-Assisted Customers: an employee or contractor of Customer who is authorized by Customer to use the Services and who has access to the Services using a unique username and password under Customer's Organization Account, as provisioned by the Account Admin(s).

2.6. "Customer Content" means data, software code, scripts, text, and other materials that Customer and/or its Authorized Users submit to, create on, or store on the Services, excluding any Third-Party Content and Postman Materials. Customer Content does not include metadata generated by Customer's use of the Services, including, for example, data logged for security purposes and Usage Data.

2.7. "Documentation" refers to Postman's standard, published documentation for the Services, found at https://learning.postman.com/.

2.8. "Effective Date of Expiration" means the end of Customer's then-current Subscription Term, whether as set forth in the applicable Order or the end of the then-current billing cycle.

2.9. "Enterprise Plan" refers to an Annual Plan (Sales-Assisted or Self-Serve) of Postman's Services with advanced support, security, and control, as set forth at https://www.postman.com/pricing/ or other such page(s) Postman provides on its Site which sets out its Subscription Plans, products, and features, as may be amended from time to time. Enterprise Plans are subject to additional terms set forth in Section 17.

2.10. "Free Plan" refers to a Monthly Plan offered at a base fee of $0 per month, whether or not paid-for add-on features are also purchased.

2.11. "Initial Term" means the initial Subscription Term period following the Services Start Date as set forth in the applicable Order.

2.12. "Intellectual Property Rights" means (i) copyrights and other rights associated with works of authorship; (ii) trademark and trade name rights and similar rights; (iii) trade secret rights; (iv) patents, designs, algorithms, utility models, and other industrial property rights, and all improvements thereto; and (v) all registrations, applications, renewals, extensions, continuations, divisions, or reissues; each of the foregoing whether registered or not, now or in the future, and wherever in the world they may exist.

2.13. "Monthly Plan" refers to a Subscription Plan to the Services, as designated in Customer's Order, whereby it is billed on a monthly basis and Customer's Subscription Term is one month at a time.

2.14. "Open Source Software" or "OSS" means software components that are made available under a license approved by the Open Source Initiative (OSI), which permits users to freely access, use, modify, and redistribute the source code, subject to the terms and conditions of the applicable open source license (e.g., MIT, Apache 2.0, GNU GPL).

2.15. "Order" refers to the purchase document confirming the Services that Customer is purchasing (the plan type, any add-on products, and any additional resources it is subscribing to) and the Fees for such Services, whether (i) an online Self-Serve order on the Postman website or (ii) a Sales-Assisted Order Form referencing these Terms.

2.16. "Organization Account" refers to a primary, centralized account created by or on behalf of an individual, group, or legal entity (including any business, company, institution, partnership, or sole proprietor). The Organization Account serves as Customer's primary administrative hub for managing Authorized Users' access to the Services, including billing, permissions, and configurations, as well as Customer's container for Customer Content shared amongst Teams and Authorized Users. An Organization Account may include one or more associated User Accounts and is managed by one or more Admin User(s).

2.17. "Personal Data" has the same definition as set forth in the Postman Privacy Policy.

2.18. "Postman Materials" refers to the Postman API, software code, sample code, software libraries, scripts, text, data, articles, images, photographs, graphics, applications, designs, features, workflows, templates, documentation, and any other content made available by Postman and our affiliates and service providers, featured, made available, or displayed through the Services or Software, or related to the use of the Services or Software, including without limitation content available on the Websites or made available for download to facilitate use of Services. Postman Materials do not include Third-Party Content or Customer Content.

2.19. "Public Elements" refers to elements of Customer Content that Customer and/or its Authorized Users designate to be “public”, including by posting Customer Content on the public Postman API Network.

2.20. "Renewal Term" means each successive Subscription Term following the expiration of the Initial Term during which the applicable Order (and these Terms) automatically renews or is otherwise extended pursuant to its terms. Each Renewal Term shall be for a period of one (1) year unless otherwise set forth in the applicable Order.

2.21. "Reseller" refers to an entity that is authorized by Postman to market, promote, and/or sell Postman Services to end customers in accordance with the terms of a separate reseller agreement by and between the Reseller and Postman.

2.22. "Sales-Assisted" means a transaction for Postman Services where a representative of Postman directly supports or facilitates Customer's purchase of the Services.

2.23. "Self-Serve" means a method of purchasing the Postman Services through Postman's online platform without direct assistance from a sales representative. This includes the ability for Customer to create an Account, select a Subscription Plan (including Free, Monthly, or Annual Plans), and complete the transaction independently through the Postman Site (available at https://www.postman.com/pricing/ or other such page(s) Postman provides on its Site which sets out its Subscription Plans, products, and features, as may be amended from time to time).

2.24. "Services" means Postman's services, products, and software identified in an Order (generally including some combination of the Postman API platform for collaborative development of APIs, Postman AI features and add-on products, and features enabling posting Content to the public Postman API Network).

2.25. "Services Start Date" means the start date of the Services as set forth in the Order.

2.26. "Snippets" refers to pre-formatted blocks of sample code and descriptors from programming languages dynamically generated by features in the Services.

2.27. "Software" means any and all software and tools (including updates) provided to Customer and/or its Authorized Users by Postman to download to Customer's (and/or the Authorized User's) own computer systems to run on such systems during the applicable Subscription Term. Software includes software programs provided by Postman to Customer as a stand-alone purchased product (considered itself a “Service”) or provided to facilitate use of or access to the Services to which Customer has subscribed.

2.28. "Special Category Personal Data" means any (i) special categories of personal data enumerated in Article 9(1) of European Union Regulation 2016/679 (GDPR), or any successor legislation, and its/their equivalent in the United Kingdom; (ii) patient, medical or other protected health information regulated by the Health Insurance Portability and Accountability Act (HIPAA); (iii) credit, debit or other payment card data subject to PCI DSS; (iv) other personal information subject to regulation or protection under specific laws, such as the Gramm-Leach-Bliley Act (GLBA) (or related rules or regulations); (v) social security numbers, driver's license numbers or other government ID numbers; or (vi) any data similar to the foregoing that is protected under foreign or domestic laws or regulations.

2.29. "Subscription Plan" means a recurring service offering provided by Postman that grants Customer access to specified features or levels of the Services for a defined period of time (the Subscription Term), subject to payment of applicable Fees (if any) and the terms and conditions set forth in these Terms. Postman's Subscription Plan offerings include Free Plans, Monthly Plans, and Annual Plans, each as defined herein.

2.30. "Subscription Term" means the period for which Customer is authorized to Use the Services, as set forth in the applicable Order.

2.31. "Team" refers to group(s) of Users and/or collaborators, which may include - dependent upon the options available under Customer's Subscription Plan (as set forth in the Documentation) and Customer's chosen invitees - other Users from the same Organization Account and/or external partner Users. Available functionality for a particular User invited to a Team may be dependent upon the Customer's Subscription Plan type, the settings enabled by the Account Admin(s), and other requirements and limitations, each as set forth in the Documentation.

2.32. "Third-Party Content" means certain code and libraries licensed to Postman by third parties included in the Services, as well as Content made available to Customer by any third party on the Postman websites, such as content accessible through integrations with third-party services, or in conjunction with the Services, including OSS.

2.33. "Usage Data" means information and metadata collected about how Users interact with the Services and Software to improve the Services (e.g., product performance, use of various functions and features).

2.34. "Usage Limits" refers to any scope of use metrics or restrictions applicable to a Service or the applicable Free, Monthly, or Annual Plan, as specified in these Terms, the applicable Documentation, and/or the applicable Order, including, but not limited to, numbers and role types of Users, data storage, and transfer limits, number of “runs” or activities performed during a time period, server and monitoring requests, number of Workspaces, integrations allowed, included add-on features, calls to the Postman API, and number of instances or resource credits used.

2.35. "User Account" refers to an account issued to an Authorized User to access and use the Services, either independently or as part of an Organization Account. A User Account is an individual account that is personal to the Authorized User and is non-transferable. Every person who uses Postman has, and signs in to, a User Account. Permissions and roles for a User Account may be assigned or modified by the Admin User(s) and remain subject to the limits of the Customer's Subscription Plan (as set forth in the Documentation).

2.36. "Workspace Admin" refers to a User assigned as an 'Admin' within a Postman Workspace with the permissions to manage a particular Workspace's resources and settings. As further described in the Documentation, a “Workspace” enables a Customer's User(s) to organize its Postman work and collaborate with invited Users. For the avoidance of doubt, a Workspace Admin is not an Account Admin, although Account Admins may have access rights to Workspaces within Customer's Organization Account.

3.1. The Services that Customer subscribes to under its Order are licensed to Customer using a subscription model, not sold to such Customer. Each specific feature-set, subscription "plan" level, option, or packaged Service element may be subject to additional or different terms located at https://www.postman.com/legal/postman-product-terms/ ("Product Terms") which are incorporated into these Terms in full and will govern in case of conflict with these Terms of Services. The Product Terms are subject to change as provided in Section 4 (Changes to Terms) below. All Postman Services are made available only for use consistent with the Postman Documentation, as it is updated from time to time.

Artificial Intelligence (AI) Terms

3.2. For all Monthly and Annual Self-Serve Plans (excluding Enterprise Self-Serve Annual Plans): acceptance of the Postman Terms of Service (which includes acceptance of the Product Terms) shall also constitute Customer's knowing and voluntary acceptance of the Postman AI Terms.

3.3. Section 1 (AI Terms) of the Postman Product Terms sets out the applicable consent requirements for Customers with Enterprise Self-Serve Annual Plans and Sales-Assisted Annual Plans.

4.1. Postman reserves the right to modify these Terms at its discretion. If Postman makes any material changes to these Terms, Postman will notify customers, including, without limitation, by email, posting a notice in a Postman support area, and/or within the Postman platform. If Customer does not agree to, or cannot comply with, the modified Terms, it must stop using the Services. The updated Terms will take effect upon their posting or as indicated, and will apply on a going-forward basis, unless otherwise provided in a notice to Customer. Customer's continued use of the Services after any such update constitutes its acceptance of such changes and the updated Terms of Service.

5.1. Rights Granted by Postman. Subject to Customer's compliance with these Terms and applicable Usage Limits, and its on-time payment of all applicable Fees, Postman grants Customer (i) a revocable, non-exclusive, non-transferable, non-sublicensable, limited right to use the Services (including associated use of Software) on a subscription basis, for the duration of the applicable Subscription Term, in executable code form and in accordance with these Terms; and (ii) a revocable, royalty-free, non-exclusive, non-transferable, non-sublicensable, limited right to copy and use the Postman Materials solely in connection with Customer's permitted use of the Services as set forth in these Terms, the applicable Order, and the Documentation. Except for the limited rights expressly set out in these Terms, Postman grants Customer no other right or license in the Services, Software, or Postman Materials. Customer's rights with respect to use of the Services will end at the earlier of the end of the applicable Subscription Term, or when these Terms are terminated, even if there are terms to the contrary set out elsewhere in these Terms or in other documentation entered into between Postman and Customer. Neither Customer nor any User authorized to use Customer's Organization or User Account will use the Services, Software, or Postman Materials for any purpose or in any manner that is not intended by and expressly permitted by rights set forth in this Section 5.1, Postman's Documentation, and these Terms.

5.2. Software Usage. If a downloadable Software component is provided by Postman to facilitate use of, or use as integrated into, a Postman Service, such as Postman's Enterprise App and Desktop App, this Section 5.2 shall apply to such Software and Customer's use thereof. For clarity, the term Software does not include Snippets and other code automatically generated by the Services in response to Users' requests.

1. Right to Use Software. Subject to Customer's compliance with these Terms and applicable Usage Limits and its on-time payment of all applicable Fees, in connection with Customer's subscription use of a Service, and in accordance with the Documentation for that Service, Postman grants Customer a limited, revocable, worldwide, non-exclusive, non-transferable, non-sublicensable, right to download, copy, and use the Software made available by Postman solely for use as part of that Service (i) for the sole purpose of facilitating use of the Service; (ii) in association with Customer's Account on the Postman platform; and (iii) only in compliance with any applicable Usage Limits and system requirements pursuant to these Terms, Customer's Order, and/or as set forth in the Documentation (including, for example, restrictions on installation of the Software on a limited number of systems or only in conjunction with specified supported third-party tools). Customer's rights with respect to use of the Software shall end at the end of Customer's Subscription Term for the Service, and Customer agrees to delete all copies of any Software from its systems promptly (within no more than thirty (30) days) following the end of the Subscription Term.
2. Verification of Authorized Use. Upon the written request of Postman, Customer agrees to confirm in writing whether its use, hosting, and maintenance of the Software is in compliance with these Terms and any applicable Usage Limits (including number of copies or systems and allowed uses).
3. Applying Software Updates. Customer agrees to apply “urgent” or “critical” updates, as well as any “security updates”, as noted by Postman in its release notification communication(s), without undue delay.
4. Supported Versions. Postman recommends Customers use the latest version of the Software to receive recent changes and improvements. The Software, including all maintenance, updates, and technical assistance provided by Postman, will be supported for the current release of the Software and certain preceding major releases as set forth in Postman's Documentation ("Supported Versions"). A “major release” is defined as a version change reflected in the first numerical identifier (e.g., v9.x to v10.x). Access to features, security updates, performance improvements, and compatibility assurances is provided only for Supported Versions, such that Postman is not obligated to support, troubleshoot, or maintain versions of the Software older than the Supported Versions, unless Postman has explicitly agreed in a separate writing with Customer. Customers using unsupported versions may experience reduced functionality or degraded performance, and do so at their own risk. Support for deprecated versions may be provided at Postman's sole discretion or as part of a separate extended support arrangement subject to additional fees and terms. Postman reserves the right to require updates to a Supported Version as a condition for continued use of specific features, to ensure system integrity, and/or to implement critical safety updates.

5.3. Customer Requirements and Restrictions

1. Acceptable Use Policy. Customer agrees to comply with, and is responsible for its and its Authorized Users' compliance with, the restrictions set forth in the Acceptable Use Policy, as well as any additional restrictions or requirements separately entered into by the parties.
2. Export Law and Sanctions. The Services are subject to export restrictions by the United States government and may be subject to import restrictions by certain foreign governments. Customer agrees to comply with all applicable export and import laws and regulations in its access to, use of, and download of the Services (or any part thereof). Customer represents and warrants that (i) it is not located in, under the control of, or a national or resident of any Prohibited Country and (ii) none of Customer Content is controlled under the U.S. International Traffic in Arms Regulations or similar laws in other jurisdictions. Customer also certifies that it is not a Prohibited Person nor owned, controlled by, or acting on behalf of a Prohibited Person. Customer agrees not to use or provide the Services for any prohibited end use, including to support any nuclear, chemical, or biological weapons proliferation, missile technology, or to a military end-user or for a military end-use in China, Russia, or Venezuela, without the prior permission of the United States government. “Prohibited Person” as used in this Section 5.3(b) is anyone on the U.S. Commerce Department's Denied Persons, Entity, or Unverified Lists, the U.S. Treasury Department's list of Specially Designated Nationals and Consolidated Sanctions list, anyone sanctioned by the Office of Financial Sanctions Implementation (“OFSI”) of the HM Treasury or anyone sanctioned by the Council of the European Union and administered by the designated authorities within each Member State. “Prohibited Country” as used in this Section 5.3(b) means any country or nation state on the U.S. Commerce Department's Denied Persons, Entity, or Unverified Lists, any country or nation state sanctioned by the Office of Financial Sanctions Implementation (“OFSI”) of the HM Treasury, or any country or nation state sanctioned by the Council of the European Union and administered by the designated authorities within each Member State.
3. Special Category Personal Data. Customer and its Users shall not upload any Special Category Personal Data into nor transmit through the Services, nor use the Services to collect (i.e., use in such a way that will result in the storage of any Special Category Personal Data on the Services) any Special Category Personal Data. Postman shall not have any liability for a Customer's, including its Users', use of the Services contrary to the foregoing restriction.
4. Suspension. In addition to its other rights set forth in these Terms, Postman may suspend access to Customer's Organization Account and/or any of its User Account(s), and/or its or any of its Users' rights to use the Services, immediately and with or without notice, for Customer's (or, as applicable, such User's) failure to comply with and/or violation of the terms set forth in this Section 5.3, including but not limited to the Acceptable Use Policy.

5.4. Access to and Use of the Postman API. In the event Customer chooses to use Postman's optional application programming interface (the "Postman API") as made available by Postman, Customer's Organization Account or User Account(s) may be accessible via such Postman API. Any use of the Postman API, including use of the Postman API through a third-party product that accesses an Organization and/or User Account, the Services, and/or the Websites is subject to these Terms, including the following:

1. Abusive or excessively frequent requests via the Postman API (in excess of the rate limits set out at api.postman.com, which may vary by Subscription Plan type) may result in the temporary or permanent suspension of Customer's and/or its Users' access to the Postman API. Postman, in its sole and reasonable discretion, will determine abuse or excessive usage of the Postman API. Postman will make a commercially reasonable attempt (via email) to communicate with Customer's Account Admin prior to suspension, however, in some circumstances such prior notice is not possible.
2. Postman reserves the right at any time to modify or discontinue, temporarily or permanently, Customer's access to the Postman API (or any part thereof), with or without notice.
3. Customer expressly acknowledges and agrees that Postman shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Postman has been advised of the possibility of such damages), resulting from Customer's use of the Postman API, including any access to Customer Content via the Postman API.

5.5. Code Generated by the Services. As between the parties, Snippets and other code automatically generated by the Services in response to Users' requests (such as “Output” as defined in the AI Terms and Model Context Protocol (MCP) server code generated by Customer's use of the Services), which does not include publicly posted content from other Postman users or Third-Party Content, shall be Customer Content which Customer may retain after the Subscription Term (by downloading prior to the expiration or termination of the applicable Order), however, Customer acknowledges that such Snippets may not be unique and that the Postman Services may generate the same or similar code elements for any number of Postman users and other customers.

5.6. Terms for OSS and Third-Party Content. Terms applicable to OSS and certain other third-party code and libraries that are made available within or are part of the Services by Postman are found at Third-Party Software Licenses. Customer's right to use OSS shall be governed by the applicable OSS license agreement instead of these Terms. All OSS is made available solely on an “as is” basis, and unless restricted by applicable, mandatory law, Postman hereby disclaims all liability and any and all warranties for all such OSS. Third-Party Content originating from optional integrated services that Customer elects to activate (such as an integration with a third party) is subject to terms Customer has in place with those third-party service providers. If Customer or its Authorized Users choose to share Customer Content with third parties, Customer is solely responsible for that disclosure and what any third parties do with Customer Content. Likewise, Customer is solely responsible for any actions its Authorized Users take with respect to Customer Content, including deleting or corrupting Customer Content. Customer acknowledges that Postman is not responsible for the disclosure of Customer Content by Customer or its agents (including its Authorized Users) to any third parties.

5.7. Account Management

1. Customer's Account. To enable use of the Services, each Customer receives access to a password-protected User Account on the Postman platform, as well as, if applicable, an Organization Account under which multiple Users may be granted access (subject to Usage Limits) as discussed below.
2. Account Rules. In addition to its applicable obligations under these Terms, Customer further agrees to the following:
1. Customer will provide accurate and complete information when it creates its User Account and Organization Account (if applicable) and will keep Account Info accurate, complete, and up to date.
2. A human must create and manage Organization and User Accounts. Organization and User Accounts may not be registered or dynamically created by “bots,” AI agents, or other automated means.
3. At any given point in time a single User under its User Account may only be logged in on a maximum of three (3) computer systems. Customer shall not allow any form of time-sharing use, permit more than one individual to use the same Postman login credentials, or use or allow any other arrangement which bypasses or defeats Postman's system controls designed to enforce Usage Limits.
4. Account Admin Responsibilities and Authorization. Once a Customer's Organization Account is created, the Account Admin(s) may add or remove Users from Customer's Organization Account and manage Team settings by following the relevant instructions set out in Postman's Documentation. The Account Admin(s) will be required to provide the name, email address, and any other relevant information required by the Postman Services (as provided in the Postman platform and/or Documentation) in order to provision each User Account. An Account Admin shall be entitled to assign an “Admin” or “Super Admin” role to other Authorized Users under Customer's Organization Account and upon such designation, each new Account Admin will be able to do everything that any other Account Admin is permitted to do in the Services and under these Terms. Any and all administrative actions taken by Customer's Account Admin(s) within the Postman Services (including but not limited to adding and removing Users, as well as adding and activating additional features) shall be considered the action of an authorized representative of Customer.

5.8. Customer Content

1. Customer Content - Customer's Responsibilities and Representations. Customer's use of the Services will involve creation or uploading of Customer Content. Customer is solely responsible for all Customer Content that it posts, uploads, links to, or otherwise makes available via the Services, regardless of the form of that Content, and regardless of whether it was user-generated using the Services or not. By uploading Customer Content while using the Services, Customer represents and warrants that it has all necessary rights to submit such Customer Content to the Postman Services (and, if applicable, to make Public Elements available, as provided below) and that the Customer Content is accurate and not in violation of any applicable laws, contractual restrictions, or other third party rights, including without limitation intellectual property rights or privacy-related rights of any person or entity. Postman is not responsible for any public display of, or Customer's or a third party's misuse of, Customer Content.
2. Data Accuracy. Subject to Postman's obligations in Section 9.2 (Postman's Security Obligations) regarding Customer Content, Customer is solely responsible for Customer Content, including the content, accuracy, and integrity of Customer Content and for correcting errors and omissions in Customer Content. Customer acknowledges that Postman has no obligation to monitor any information on the Services and that Postman is not responsible for the accuracy, completeness, appropriateness, or legality of Customer Content or any other third-party information or content Customer may be able to access using the Services.
3. Ownership of Customer Content and Customer Granted Rights. Customer retains ownership of and responsibility for Customer Content. Because Customer retains ownership of and responsibility for Customer Content, certain grants of use to Postman are required. Customer understands that it will not receive any payment for any of the rights granted herein. The licenses and rights Customer grants to Postman, and any other users, will end when Customer Content is deleted, unless other users have "forked" such Customer Content (as described below), in which case such licenses and rights will continue until all such Users have removed the Customer Content has been deleted.
4. Rights Granted by Customer to Postman. Customer grants Postman and its legal successors a non-exclusive, worldwide, royalty-free, sub-licensable, transferrable license and right to (i) reproduce, store, archive, parse, display, represent, and perform Customer Content, (ii) make available any Public Elements of Customer Content on Postman's publicly available web pages (as determined by the Customer), and (iii) make incidental copies of Customer Content as necessary to provide the Services and to detect, prevent, and respond to security issues and violations of applicable terms and conditions. Postman shall not (x) sell Customer Content or (y) otherwise distribute or use Customer Content outside of Postman's provision of the Services (including our publicly available web pages), but Postman may release Customer Content when Postman reasonably believes such release is appropriate to comply with the law, enforce Postman's policies, and/or protect Postman's or others' rights, property, or safety.
5. Storage of Customer Content. Postman provides Customer the ability to store all or part of Customer Content on Postman's servers that are used to host and store the Services, Third-Party Content, and Postman Materials, subject to Usage Limits. If Customer uses any such storage functionality to store Customer Content, Customer will be deemed to have accepted any conditions in these Terms relating to such server functionality.
6. Sharing Content for Collaboration. Customer Content shared with other Users, within Teams, with partner Users, or otherwise made available for editing, modifying, or downloading by third parties is done entirely at the risk of Customer and its Users. The sharing and enabling of editing/modification rights to Customer Content is entirely within the control of Customer's Users, and Postman will not have any liability whatsoever to anyone associated with Customer's Account (including an individual's employer) if Customer Content suffers loss, damage, retardation of functionality, or is misappropriated pursuant to such sharing.
7. External Collaboration and Comments. Any Customer Content Customer posts publicly, including issues, comments, and contributions to other users' and customers' Workspaces, may be viewed by others. Customer agrees that Customer's public profile information will be accurate and not misleading.
8. Sharing Public Elements of Customer Content. By publishing any Customer Content (including but not limited to collections, APIs, or documentation) on Postman's public API Network or otherwise making such Customer Content available to the public (thereby becoming "Public Elements"), Customer agrees to allow (and that Postman may allow) others to view and 'fork' Customer's Public Elements. Forking refers to the process of creating a copy of an existing API collection or other Public Element into a different Workspace or user environment, allowing for independent changes to be made without affecting the original. Customer agrees that it has the right to make any Public Elements publicly available and that it will fully comply with any third-party licenses related to such Public Elements. With regard to all Public Elements, Customer grants each user of Postman's public websites and services, including the public Postman API Network, a non-exclusive, worldwide, royalty-free license to copy, use, display, represent, perform, and make available to the public the Public Elements through the Services and to reproduce such Public Elements as permitted through the Services' functionality (for example, through forking). Customer is responsible for ensuring that it does not accidentally make any of its private Workspaces, collections, documentation, secrets, or other Customer Content or secrets publicly available; if such data is made publicly available, Postman may remove it. Any Public Elements will be publicly accessible through the internet and may be crawled and indexed by search engines.
9. Access to Public Elements of Other Customers. Rights for forking of publicly available content published by other Postman customers are not guaranteed. Customer acknowledges that unless expressly permitted under applicable law, scraping, data mining, extraction, duplicating, or copying of others content on the Services, including through AI and other automated programs or bots, is strictly prohibited without the authorization of the owner of the Workspace in which the content is hosted.
10. Moral Rights. Customer retains all moral rights to Customer Content that it uploads, publishes, or submits to any part of the Service, including the rights of integrity and attribution. However, to the extent permitted under applicable law, Customer waives these rights and agrees not to assert them against Postman in order to enable Postman to reasonably exercise the rights granted in this Section 5.8, but not otherwise. To the extent the foregoing is not enforceable under applicable law, Customer grants Postman the rights it needs to use Customer Content without attribution and to make reasonable adaptations of Customer Content as necessary to render the Postman Websites and provide the Services.

5.9. Postman's Right to Remove Content

1. Postman Removal. Postman has the right to refuse receipt, to remove from the Services, and/or take down from public display, any content that, in Postman's sole and reasonable discretion, violates any laws, these Terms of Service (including the Acceptable Use Policy), the Documentation, or other documented Postman policies.
2. Content Removal Requests. How to submit requests for Postman's removal of a third party's content, including but not limited to reporting believed trademark or copyright violations, is set forth in the Postman Content Policies. The Content Policies also include instructions on how to report violations of any such policies.

5.10. Changes to the Services

1. Additional Features - Release Notes. Postman shall from time to time release additional products and features for the Services or make changes to existing products and features. Postman issues release notices describing the updates, enhancements, and new products and features that are being made or are planned for release. Please review the release notices regularly for important information about the changes to the Services.
2. Use of New Features. Use of newly available additional products or features may be subject to payment of additional fees and/or other terms, as prescribed by Postman and indicated on Postman's sites. Accordingly, to use such additional products or features in the Services, Customer may be required to, as applicable, (i) abide by additional terms, including as may be set forth in the Product Terms, as well as (ii) pay applicable Fees, as indicated by Postman.
3. Modifications. Postman reserves the right to modify, suspend, or discontinue parts of the Service at its discretion, provided that Postman shall use commercially reasonable efforts to notify Customer prior to such modification, suspension, or discontinuance in the event such changes materially affect Customer's use of the Service.

5.11. Additional Obligations

1. Anti-Corruption Compliance. In connection with the performance of its obligations and/or exercise of its rights under these Terms, Postman and Customer each agree to abide by all applicable anti-bribery, gift laws, and anti-corruption laws and regulations binding on its respective business which prohibit corrupt direct and indirect offers of anything of value to anyone (including government officials) to obtain or retain business or to secure any other improper commercial advantage, including the United States Foreign Corrupt Practices Act, U.K. Bribery Act 2010, and the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions.
2. Customer Warranties. Customer represents and warrants that it (i) shall comply with all laws and regulations applicable to it in connection with its use of the Postman Services and its obligations hereunder, and (ii) has the authority and right to (x) enter into these Terms and (y) observe and perform its respective obligations contained in these Terms.
3. Additional Customer Obligations. Customer is solely responsible for the acts and omissions of its Authorized Users, including their use of the Services, Software, and Customer Content, and for all Fees incurred by Authorized Users (including from adding Authorized Users). Customer agrees that it will only permit Authorized Users to access the Services and that it and its Authorized Users will use industry standard, commercially reasonable measures to maintain the security of their usernames and passwords. Customer, without undue delay, will (i) notify Postman if it suspects or becomes aware of any unauthorized use of the Services or if an Authorized User's username or password is lost or stolen, and (ii) modify the applicable login credentials if compromised and/or misused or are likely to be misused by a third party to improperly access the Services through Customer's Organization and/or User Account(s).

Postman will not terminate these Terms except as set out in this Section 6 or otherwise explicitly set forth in these Terms.

6.1. Terminating, Changing, or Downgrading Subscription Plans

1. Free Plans: Customer may cancel its Subscription Plan at any time from its billing dashboard.
2. Self-Serve Plans: Customer may downgrade its Subscription Plan at any time from its billing dashboard.
1. Self-Serve Monthly Plans: Customer may change (including downgrading its Subscription Plan type and/or purchased User amounts) or cancel its Monthly Plan by following the steps provided in its billing dashboard. Alternatively, or if prompted by the billing dashboard, Customer may send an email with subject line "Subscription Change" or “Subscription Cancellation” or "Complete Account Cancellation Request (as applicable) to help@postman.com; specifically mention the Services being used and the Subscription Plan change, downgrade, and/or cancellation that is being requested (failure to provide the appropriate details may require Postman to follow up with Customer and could cause delays in processing).
1. If Customer submits a Monthly Plan cancellation request, its paid Subscription Plan will terminate at the Effective Date of Expiration and Customer will not be billed again for that Monthly Plan, however, Customer will not be entitled to any credits or refunds for amounts accrued or paid prior to the Effective Date of Expiration.
2. If Customer allows its Monthly Plan to expire, including by submitting notice of non-renewal as set forth in Section 6.2(d)(ii) (Self-Serve Monthly and Self-Serve Annual Plans) below, or does not submit a Complete Account Cancellation request (as defined in Section 6.1(d)) prior to the Effective Date of Expiration, Customer's Organization Account and all User Accounts shall, upon the Effective Date of Expiration, be downgraded and converted to individual, Free Plan User Accounts, as further described in Section 6.1(d) below. Customer should review the terms of Section 6.1(d) carefully with respect to such Complete Account Cancellation.
3. Please note that Customer's billing dashboard may also offer the option to downgrade Customer's paid Monthly Plan to a Free Plan. It is important to carefully review the options made available and make Customer's intended request; any downgrade to a Free Plan is subject to the conditions of Section 6.1(d).
2. Self-Serve Annual Plans: Customer may change (including downgrading its Subscription Plan type and/or purchased User amounts) or cancel its Annual Plan by following the steps provided in its billing dashboard. Alternatively, or if prompted by the billing dashboard, Customer may send an email with subject line "Subscription Change" or “Subscription Cancellation” or "Complete Account Cancellation Request" (as applicable) to help@postman.com; specifically mention the Services being used and the Subscription Plan change, downgrade, and/or cancellation that is being requested (failure to provide the appropriate details may require Postman to follow up with Customer and could cause delays in processing).
1. If Customer submits an Annual Plan cancellation request, its paid Subscription Plan will terminate upon the Effective Date of Expiration and Customer will not billed again for that Annual Plan, however, Customer will not be entitled to any credits or refunds for amounts accrued or paid prior to the Effective Date of Expiration.
2. If Customer allows its Annual Plan to expire, including by submitting notice of non-renewal as set forth in Section 6.2(d)(ii) (Self-Serve Monthly and Self-Serve Annual Plans) below, or does not submit a Complete Account Cancellation request (as defined in Section 6.1(d)) prior to the Effective Date of Expiration, Customer's Organization Account and all User Accounts shall, upon the Effective Date of Expiration, be downgraded and converted to individual, Free Plan User Accounts, as further described in Section 6.1(d) below. Customer should review the terms of Section 6.1(d) carefully with respect to such Complete Account Cancellation.
3. Please note that Customer's billing dashboard may also offer the option to downgrade Customer's paid Annual Plan to a Free Plan. It is important to carefully review the options made available and make Customer's intended request; any downgrade to a Free Plan is subject to the conditions of Section 6.1(d).
3. Sales-Assisted Annual Plans:
1. Canceling Paid Subscription Plan - Downgrading to Free Plan: To downgrade its Sales-Assisted Annual Plan to a Free Plan, Customer may (1) submit its notice of non-renewal of its paid Annual Plan as set forth in Section 6.2(d)(iii) and allow its Annual Plan to expire, (2) request a downgrade to a Free Plan (as set forth in Section 6.1(c)(ii)), or (3) if not subject to an auto-renewal, allow its Annual Plan to expire. If Customer's Annual Plan is downgraded to a Free Plan, Customer's paid Annual Subscription Plan will terminate at the end of Customer's then-current Subscription Term as set forth in its applicable Order; however, Customer will not be entitled to any credits or refunds for amounts accrued or paid prior to the Effective Date of Expiration, and any and all Fees owed and owing but not yet paid shall remain due and payable. Any downgrade to a Free Plan is subject to the conditions of Section 6.1(d).
2. Canceling Organization Account and Paid Subscription Plan. Sales-Assisted Annual Plans are non-cancelable and non-refundable. If Customer wishes to cancel its Organization Account and Annual Plan in accordance with the Complete Account Cancellation option, as further defined in Section 6.1(d) below, it may submit a request to Postman via email at least thirty (30) days prior to the end of the then-current Subscription Term with subject line "Complete Account Cancellation Request" to sales@postman.com and specifically mention the Subscription Plan cancellation being requested. Following the processing of that request, Customer's paid Annual Plan will terminate at the end of Customer's then-current Subscription Term as set forth in its applicable Order; however, Customer will not be entitled to any credits or refunds for amounts accrued or paid prior to such termination, and any and all Fees owed and owing but not yet paid shall become due and payable immediately upon the date Customer provides its cancellation request (including any upcoming term years under a multi-year Order). Customer should review the terms of Section 6.1(d) carefully with respect to such Complete Account Cancellation.
4. Complete Account Cancellation and Deletion. Please note that unless Customer requests Postman (i) both cancel its Subscription Plan as well as its Organization Account and all User Accounts and (ii) delete its Customer Content by submitting a “Complete Account Cancellation” request, Customer's paid Subscription Plan will, upon the Effective Date of Expiration, automatically downgrade to a Free Plan. WHEN DOWNGRADING TO A FREE PLAN, ALL USER ACCOUNTS - INCLUDING ALL USER ACCOUNTS UNDER AN ORGANIZATION ACCOUNT - WILL BE DOWNGRADED AND CONVERTED TO INDIVIDUAL, FREE PLANS. Accordingly, Customer MUST request a Complete Account Cancellation PRIOR TO the Effective Date of Expiration (in accordance with the procedures set forth in Sections 6.1(b)(i), 6.1(b)(ii), or 6.1(c)(ii), as applicable).

6.2. Renewals

1. Fee Increases and Discounts - Excluding Enterprise Plans. Following the Initial Term, unless otherwise expressly set forth in the applicable Order, upon email notice to Customer at least thirty (30) days prior to the start of a Renewal Term, Fees for Customer's renewing Services (whether auto-renewing or via manual renewal) may be increased by the greater of (i) 5% or (ii) the percentage increase in the U.S. Consumer Price Index for All Urban Consumers: U.S. City Average, All Items (CPI-U), as published by the U.S. Bureau of Labor Statistics, for the most recent 12-month period available at the time of renewal. For the avoidance of doubt, any such price increase is applied to, and based upon, the then-current standard Pricing for Customer's Subscription Plan and not any discounted or complimentary rate provided to Customer during the Initial Term. Unless otherwise expressly set forth in an Order, any Pricing discounts (including complimentary features, add-ons, products, and licenses, or any temporary “unlimited” usage, each and collectively "Discounts") provided in an Order are not guaranteed to continue past the Initial Term of such Order or to be provided by Postman in a renewal Order; Postman reserves the right to discontinue, remove, or modify any such Discounts at the start of any Renewal Term.
2. Changes to Subscription Plans. At the time of an Order's renewal, by providing at least thirty (30) days' written notice to Postman in advance of the end of the then-current Subscription Term, Customer may request downgrading its Subscription Plan type and/or purchased User amount, the removal of add-on features, or other such similar downgrades, service reduction requests, and other changes. Customer must send an email with subject line "Subscription Change" to sales@postman.com and describe the specific change(s) Customer wishes to make to its Subscription Plan upon renewal. Failure to provide at least thirty (30) days' notice to Postman prior to the Subscription Plan renewal date of a change to Customer's plan that involves a reduction in Fees may result in a delay in processing, as well as Postman's right to reject such change requests at its discretion.
3. Sales-Assisted Customers - Failure to Timely Execute a Renewal Order: Customer's failure to timely execute a renewal Order with Postman prior to or at the Effective Date of Expiration of its paid Sales-Assisted Annual Plan may result in a delay in processing and, at Postman's sole discretion, temporary suspension of Customer's Organization Account, loss of Discounts for the upcoming Renewal Term, and/or a reinstatement fee equal to 10% of the annual Fees being charged (to be invoiced upon commencement of the renewal Subscription Term). In the event Postman permits Customer to continue using the Services past the Subscription Term's Effective Date of Expiration while the parties are in good faith negotiations regarding such renewal, Customer and Postman each understand and acknowledge that these Terms continue to apply to the provision and use of the Services during that period, and that Postman reserves the right to suspend and/or cancel Customer's Organization Account and such access to the Services under the continued Subscription Term if Customer fails to use good faith efforts to finalize and execute the renewal Order in a reasonably timely manner. Further, Customer acknowledges and agrees that any such 'gap' period between the Effective Date of Expiration of an Order's Subscription Term and the Services Start Date of the renewal Order during which Customer was permitted by Postman to continue using the Services shall be subject to duly owed Fees at the agreed-upon rates set forth in the renewal Order, and Postman may, at its sole discretion, charge Customer such prorated Fees for that 'gap' period in the renewal Order.
4. Auto-Renewal
1. Acceptable Use Policy. Customer agrees to comply with, and is responsible for its and its Authorized Users' compliance with, the restrictions set forth in the Acceptable Use Policy, as well as any additional restrictions or requirements separately entered into by the parties.
2. Self-Serve Monthly and Self-Serve Annual Plans: Except as expressly agreed by Customer and Postman in writing at the time of Customer's Order, all paid subscriptions will automatically renew for periods equal to Customer's initial Subscription Term, and Customer will be charged at the then-current rates set forth in the Pricing (or as applicable, at the pricing agreed upon with Customer's Reseller), subject to Section 6.2(a), unless Customer cancels auto-renewal of its Subscription Plan through Customer's Account billing dashboard prior to the end of the then-current Subscription Term. Alternatively, or if prompted by its billing dashboard, Customer may send an email with subject line "Cancel Auto-Renewal" to help@postman.com and specifically mention the Services Customer is using and the Subscription Plan for which it is requesting to cancel auto-renewal. If Customer submits such notice, its paid Subscription Plan will terminate upon the Effective Date of Expiration and Customer will not be billed again for that Subscription Plan, however, Customer will not be entitled to any credits or refunds for amounts accrued, owing, or paid prior to the Effective Date of Expiration.
1. If Customer submits notice of non-renewal as set forth in this Section and does not submit a Complete Account Cancellation request (as defined in Section 6.1(d)) prior to the Effective Date of Expiration, Customer's Organization Account and all User Accounts shall, upon the Effective Date of Expiration, be downgraded and converted to individual, Free Plan User Accounts, as further described in Section 6.1(d). Customer should review the terms of Section 6.1(d) carefully with respect to such Complete Account Cancellation.
2. Please note that Customer's billing dashboard may also offer the option to downgrade Customer's paid Subscription Plan to a Free Plan; it is important to carefully review the options made available and make Customer's intended request, as any downgrade to a Free Plan is subject to the conditions of Section 6.1(d).
3. Sales-Assisted Annual Plans: Unless otherwise specified otherwise in an Order, following the Initial Term of an Order, Customer's Sales-Assisted Annual Plan will automatically renew for consecutive one (1) year period(s) or otherwise as set forth in the Order unless and until Customer or Postman terminates the Order, or Customer submits a notice of non-renewal to Postman by emailing sales@postman.com at least thirty (30) days prior to the end of the then-current Subscription Term in which it specifically mentions the Subscription Plan for which it is requesting to cancel auto-renew. If Customer submits a notice of non-renewal, its paid Subscription Plan will terminate at the end of the then-current Subscription Term, however, Customer will not be entitled to any credits or refunds for amounts accrued, owing, or paid prior to the Effective Date of Expiration. Unless otherwise expressly set forth in an Order, and subject to Section 6.2(a), at each renewal Customer will be charged at the then-current Subscription Plan rates set forth in the Pricing (or as applicable, at the pricing agreed upon with Customer's Reseller).
1. If Customer submits notice of non-renewal as set forth in this Section and does not submit a Complete Account Cancellation request (as defined in Section 6.1(d)) prior to the Effective Date of Expiration, Customer's Organization Account and all User Accounts shall, upon the Effective Date of Expiration, be downgraded and converted to individual, Free Plan User Accounts, as further described in Section 6.1(d). Customer should review the terms of Section 6.1(d) carefully with respect to such Complete Account Cancellation.
2. Please note that Customer's billing dashboard may also offer the option to downgrade Customer's paid Subscription Plan to a Free Plan; it is important to carefully review the options made available and make Customer's intended request, as any downgrade to a Free Plan is subject to the conditions of Section 6.1(d).
5. Postman's Option of Non-Renewal. For the avoidance of doubt, unless otherwise expressly set forth in an Order, Postman may submit a notice of non-renewal to Customer of any Order upon prior written (email) notice to Customer.

6.3. Account Suspension. If Postman discovers that Customer has violated these Terms or any of its incorporated policies, or any terms set forth in the applicable Order, it may suspend Customer's Organization Account and/or User Account, as well as a Customer's Users' access to the Services, immediately and with or without notice.

6.4. Termination of these Terms by Postman.

1. Postman has the right to terminate these Terms, if (i) Customer has breached any provision in these Terms; (ii) Postman is required to do so under applicable law; or (iii) Postman decides to discontinue the Services, subject to giving at least fourteen (14) days' prior notice (via email to Customer and/or Customer's Account Admin User(s)).
2. Notwithstanding the foregoing, for Free and Monthly Plans, Postman has the right to terminate these Terms at Postman's discretion at any time, subject to giving at least fourteen (14) days' prior notice (via email to Customer and/or Customer's Admin User(s)). For Annual Plans, Postman may terminate these Terms at the end of Customer's then-current Subscription Term and will typically endeavor to provide at least thirty (30) days' prior notice (via email to Customer and/or Customer's Account Admin User(s)).

6.5. Effect of Termination. Upon termination or expiration of Customer's Subscription Plan and these Terms, Postman will cease providing the Services and promptly charge Customer for any unpaid amounts owed, and Customer will pay Postman for all Services rendered prior to the Effective Date of Expiration (or as otherwise set forth in these Terms). Additionally, if Customer has submitted a Complete Account Cancellation request, Postman will delete Customer Content without undue delay. Customer may download Customer Content from its Workspaces to its own data storage systems prior to the termination or expiration of its Subscription Plan. Excepted from the foregoing is any Customer Content permanently deleted by Postman in order to comply with applicable law or to avoid a security breach. Customer acknowledges that if Customer's access to the Services is suspended or its Order is terminated, Customer will not have access to Customer Content stored on the Services during any such period of suspension.

6.6. Content Takedown Requests. If Postman receives a take-down request for any of Customer's Content, it shall take reasonable steps to verify the identity of the requestor and the nature of the request. If Postman concludes that it is legally obligated to comply with such request or that it is appropriate for Postman to comply with such request, it may, in its sole and absolute discretion, suspend the User Account and/or the User, and/or remove such Content as set out in Postman's Content Policies. Postman will not have any liability to Customer as a result of taking down Content in accordance with this Section 6.6, unless it results from a material breach by Postman of one of its obligations under these Terms.

6.7. No Reliance on Future Enhancements. Customer acknowledges and agrees it is not relying on being able to use the Services beyond the Subscription Term or on the availability of any future enhancements, changes to the Services, and/or upgrades.

7.1. Fees. If Customer chooses to subscribe to one or more of Postman's paid Services, its use of the Services is subject to it paying the fees applicable to the Subscription Plan (and any add-on products) selected and/or used by Customer, as set forth in the applicable Order ("Fees"). Postman's pricing for Subscription Plans, permitted usage, and available features for each Subscription Plan are listed at postman.com/pricing ("Pricing"). Customer will pay all Fees in United States Dollars per the payment terms on an Order. Except where expressly stated in these Terms or an Order, all payment obligations are non-cancelable and all Fees paid are non-refundable.

7.2. Disputes. If Customer believes that Postman has billed it incorrectly, it must contact Postman no later than ten (10) days from the date on which the error appeared in order to be eligible to receive an adjustment or credit (subject to Postman's review and confirmation of any error). Inquiries should be directed to help@postman.com.

7.3. Overdue Payments. If Customer fails to timely pay any owed Fees as set forth in the applicable Order, Postman reserves the right, in addition to taking any other action available at law or equity, to (i) charge interest on past due amounts at 1.0% per month or the highest minimum interest rate allowed by law, whichever is less, (ii) to invoice Customer for all Postman's incurred expenses of recovery of such overdue Fees (including the reasonable costs for use of a collections firm), and/or (iii) suspend or terminate the applicable Services until such owed Fees are paid in full.

7.4. Additional Users. If Customer adds Users during a Subscription Term, unless otherwise expressly set forth in the applicable Order such additional User licenses will be billed at the then-current rate listed in the Pricing for Customer's Subscription Plan (or as applicable, as agreed to between Customer and the Reseller), and shall co-terminate at the end of the applicable Order's Subscription Term. If Customer is enrolled in Postman's Auto-Flex program, additional Users may be added, managed, and invoiced in accordance with Section 7.7 (Overages and Auto-Flex) of these Terms and Postman's Auto-Flex Policy, as applicable.

7.5. Purchasing Through a Reseller. If Customer makes any purchases through a Reseller, Customer owes payment to the Reseller as agreed between Customer and the Reseller, but Customer acknowledges that Postman may suspend and/or terminate Customer's right to use the Services if Postman does not receive its corresponding payment from the Reseller.

7.6. Subscription Plan and Pricing Changes. Postman reserves the right to change the Pricing applicable to Customer's Annual or Monthly Plan, or to change its Subscription Plans offered. Postman shall announce such change(s) on its site and provide reasonable advance notice to Customer. For announced changes, unless otherwise set forth in the applicable Order, the new Pricing or Subscription Plan change(s) shall apply to Customer's first Renewal Term following the effective date of such Pricing and/or Plan change(s), unless Customer notifies Postman of the desire to cancel its paid Subscription Plan (in accordance with applicable provision of Section 6 of these Terms) prior to the effective date of the new Pricing or Subscription Plan change(s). For Sales-Assisted Plans, Postman may require Customer to execute a new Order to confirm the new Pricing and/or Subscription Plan for Customer going forward.

7.7. Overages and Auto-Flex. A Fee is charged for each Postman User (for clarity, this includes each User to whom Customer wants to provide the ability to use the Services under Customer's Organization Account). Unless otherwise expressly set forth in the applicable Order, if Customer exceeds the Usage Limits set out in its applicable Order during a Subscription Term, including with respect to the number of Users (each, an “Overage”), it may be charged additional Fees for such Overages at the then-current rate listed in the Pricing for Customer's Subscription Plan (or, as applicable, as agreed to between Customer and the Reseller). In the event of Overages, if Customer is on a Free Plan, Self-Serve Monthly Plan, a Self-Serve Annual Plan, or is otherwise enrolled in Postman's Auto-Flex, the terms of the Auto-Flex program shall apply to such Overages; if Customer is on an Sales-Assisted Annual Plan (or has a different Subscription Plan but is actively disenrolled from Postman's Auto-Flex program, as confirmed by Postman), the terms set out in Section 7.7(a) (Overages) below shall apply.

1. Overages. This Section 7.7(a) applies to Customers on a Sales-Assisted Annual Plan or actively disenrolled from the Auto-Flex program (as confirmed by Postman). For such Customers, Postman will provide Customer notice of Overages via email and generally within 45 days following the Overage. If Customer does not (i) reduce its usage to the applicable Usage Limits set forth in the applicable Order or (ii) purchase additional Users and/or other applicable Services that have exceeded its then-current Usage Limits (through Postman or via the Reseller, as applicable), within 15 days of receiving such Overage notice, Postman reserves the right to charge Customer Fees for such Overages at the then-current Pricing rates for Customer's Subscription Plan pro-rated back to the first date of the Overage through the remainder of the applicable Subscription Term. Customer shall pay charged Fees for such Overages in accordance with these Terms and/or the applicable Order. If Customer does not pay charged Fees for Overages as set forth herein, Postman reserves the right to suspend and/or terminate Customer's Account in accordance with Section 7.3 (Overdue Payments) of these Terms. While Postman endeavors to promptly notify Customer of any Overages, Customer acknowledges that Postman's delay or failure to contact Customer with respect to Overages and/or charge Customer additional Fees for such Overages shall not constitute a waiver by Postman of its right to charge Fees for Overages.

7.8. Taxes. The Fees are exclusive of all taxes that are payable in respect of the Services or its use in the jurisdiction in which the payment is either made or received ("Taxes"). To the extent that any Taxes may be payable, Customer must pay Postman (or as applicable, the Reseller) the amount of such Taxes in addition to any Subscription Fees owed by Customer hereunder, as set forth in the Order. Any applicable tax-exempt certificates must be timely provided to Postman, who will make reasonable efforts to provide Customer with such invoicing documents as may enable it to seek an applicable refund or credit for the amount of Taxes so paid from any relevant revenue authority.

7.9. Payment by Credit Card; Authorization for Recurring Payments

1. When Customer purchases a Self-Serve Plan (including any add-on features) online from Postman, Customer expressly authorizes Postman (via its third-party payment processor) to charge Customer the Fees and Taxes, as follows, unless otherwise agreed by the Parties in writing: (i) monthly in advance for Monthly Plans, (ii) annually in advance for Annual Plans, and (iii) in accordance with either the Auto-Flex Policy or Section 7.7(a) (Overages) for additional Users and/or Services Customer adds during an existing Subscription Term and any Overages.
2. At time of purchase, Postman may ask Customer to supply payment information relevant to its purchase, including Customer's credit card number and expiration date and billing address (such information, "Payment Information"). Customer represents and warrants that it has the legal right to use all payment method(s) represented by any such Payment Information. When Customer initiates a purchase, it authorizes Postman's third-party service payment processor to receive Customer's Payment Information so that Postman can complete Customer's purchase and to charge Customer's payment method for the Subscription Plan and any add-on features Customer has selected (plus any Taxes and other applicable charges as set forth herein).
3. By agreeing to these Terms and purchasing a Postman Subscription Plan online via a credit card, Customer acknowledges that unless otherwise agreed by Postman in Customer's Order, its Subscription Plan has recurring payment features and it accepts responsibility for all recurring payment obligations prior to cancellation or termination of Customer's subscription by Customer or Postman. Postman (via its third-party payment processor, or, as applicable, the Reseller) will automatically charge Customer in accordance with its Subscription Term (e.g., each month or year), on the calendar day corresponding to the commencement of Customer's Subscription Term, using the Payment Information it has provided. In the event Customer's Subscription Term begins on a day not contained in a given month, its payment method will be charged on the next nearest day in the same calendar month. For example, if Customer started a Monthly Plan on January 31st, its next payment date is likely to be February 28th and its payment method would be billed on that date. Unless otherwise set forth in the applicable Order or otherwise set forth in these Terms, Customer's Subscription Plan continues until cancelled by Customer, or until Postman terminates Customer's access to or use of the Services in accordance with these Terms.

8.1. Applicable Privacy Terms. Customer agrees that Postman's Privacy Policy, available at https://www.postman.com/legal/privacy-policy/, applies to its access and use of the Services unless Customer and Postman have entered into an executed Data Privacy Agreement or Data Processing Addendum (each, a "DPA"), in which case, that DPA shall govern. Postman's Privacy Policy explains how Postman collects, uses, and shares information from visitors to Postman's Sites and how it collects and processes Users' personal data.

8.2. Customer Obligations. If Customer provides Postman with any Personal Data, or, notwithstanding any prohibition within these Terms, otherwise uses the Services to Process Personal Data, Customer must (i) be authorized by the data subject to do so and a lawful basis for such Processing must exist and (ii) secure any Personal Data in accordance with applicable privacy and security laws, as well as any applicable requirements set forth in the Agreement and/or Postman's Shared Security Responsibility Model policy.

9.1. Shared Security Responsibility Model. Customer acknowledges its Customer's shared responsibility for security and compliance of Customer Content that it stores with Postman, and that it is Customer's responsibility to comply with the safe practices regarding Customer Content set forth in Postman's Shared Security Responsibility Model policy, as well as any additional security requirements separately entered into by the parties.

9.2. Postman's Security Obligations. Postman shall implement and maintain a commercially reasonable comprehensive written information security program based on industry standards that includes administrative, technical, and physical safeguards designed to protect the confidentiality, integrity, and availability of Customer Content. The security program shall be aligned with industry-recognized standards such as ISO/IEC 27001, SOC 2, or NIST 800-53, as applicable.

9.3. Security and Trust Portal. Customers may access additional information about Postman's approach to security at Postman's Security and Trust Portal.

10.1. Definition. "Confidential Information" means all information, material, and data of the Disclosing Party (defined below) which (i) is labeled or designated in writing as confidential or proprietary, (ii) the Receiving Party (defined below) is advised is proprietary or confidential, or (iii) in view of the nature of such information and/or the circumstances of its disclosure, the Receiving Party knows or reasonably should know is confidential or proprietary. Confidential Information expressly includes, without limitation, the terms and conditions of the Order(s). With respect to Customer, its Confidential Information expressly includes, without limitation, Customer Content (excluding Public Elements), including Personal Data Customer submits for Processing in order for Postman to provide the Services, as well as Customer's Account Info, its business or marketing plans and strategies, employee and organizational information, product designs, and product plans. With respect to Postman, its Confidential Information expressly includes, without limitation, Postman's, security documentation (including SOC2 audit reports, penetration test reports, internal security audit reports, and similar reports and assessments), architectural and data flow diagrams, Beta Preview and Early Access (each as defined in the Product Terms) feature information, source code, pricing discounts, employee and organizational information, trade secrets, customer and prospect lists, business or marketing plans and strategies, system and product designs, financial information, product plans, and information about its Services and Software, including design documents.

1. Exceptions. Confidential Information does not include information or material that: (i) entered the public domain through no fault of the Receiving Party, (ii) was lawfully disclosed to the Receiving Party from a source other than the Disclosing Party and without any obligation of confidentiality, (iii) was rightfully in the Receiving Party's possession prior to disclosure by the Disclosing Party, or (iv) was developed by the Receiving Party independently of its relationship with the Disclosing Party and without use of or reference to any Confidential Information.

10.2. Confidentiality Obligations. During the Subscription Term and for a period of seven (7) years following the termination or expiration thereof (except for (i) trade secrets which shall be held in confidence for so long as they constitute trade secrets under applicable law and (ii) Personal Data disclosed to Postman by Customer for Processing in connection with the Services which shall be held in confidence in accordance with applicable legal requirements), each party that receives Confidential Information (the "Receiving Party") of the other party (the "Disclosing Party") will not use, other than in connection with the provision or receipt of the Services, any Confidential Information disclosed to the Receiving Party by or on behalf of the Disclosing Party. The Receiving Party will safeguard disclosure of such Confidential Information to the same extent that Receiving Party safeguards its own Confidential Information of the same type (but no less than a reasonable degree of care). Customer acknowledges that Postman provides information about the security measures maintained by Postman for the Services as set forth in Section 9 of these Terms, and with regard to Personal Data provided for the Services, as set forth in Section 8 of these Terms.

10.3. Disclosures. Receiving Party shall restrict dissemination of Confidential Information solely to its employees, officers, directors, attorneys, advisors, and consultants having a legitimate need to know the Confidential Information in connection with the provision or receipt of the Services, provided that such representatives have been informed of the confidential nature of the Confidential Information and are bound by commercially reasonable written confidentiality obligations substantially similar to those set forth this Section 10 (collectively, "Authorized Recipients"). Receiving Party shall remain responsible for its Authorized Recipients' compliance with the confidentiality obligations set forth in these Terms, including any unauthorized disclosures and/or use. Receiving Party may disclose Confidential Information to the extent required by applicable law, subpoena, or court order, provided that, unless legally prohibited, it provides Disclosing Party reasonable advance notice of the required disclosure and reasonably cooperates, at Disclosing Party's expense, with Disclosing Party's efforts to obtain confidential treatment for the Confidential Information. If Disclosing Party fails to obtain or waives its right to seek a protective order or other remedy, Receiving Party agrees to provide only that portion of the Confidential Information which is legally required as advised by counsel, and to use commercially reasonable efforts to obtain and ensure continued confidential treatment of such disclosed information. Receiving Party shall promptly, unless legally prohibited, notify Discloser in writing of any unauthorized disclosure, appropriation, and/or use of Disclosing Party's Confidential Information, and shall reasonably cooperate with Disclosing Party in investigating such unauthorized disclosure and/or use and mitigating any adverse effects therefrom.

10.4. Equitable Relief. Any use or disclosure of the Disclosing Party's Confidential Information in violation of these Terms may cause the Disclosing Party irreparable damage for which remedies other than injunctive relief may be inadequate, and both parties agree that the Disclosing Party may request injunctive or other equitable relief seeking to restrain such use or disclosure in addition to any other remedies available under applicable law.

Unless otherwise expressly stated in these Terms or the Product Terms with regard to the Services, the Services are provided "AS-IS."

CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT CUSTOMER'S USE OF THE SERVICES IS AT ITS SOLE RISK AND THAT THE SERVICES AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FUNCTIONALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY APPLICABLE LAW. POSTMAN DOES NOT WARRANT THAT (i) THE SERVICES, SOFTWARE, POSTMAN MATERIALS, OR CONTENT WILL MEET CUSTOMER'S REQUIREMENTS; (ii) OPERATION OF THE SERVICES, SOFTWARE, POSTMAN MATERIALS, OR THE CONTENT WILL BE SECURE, ERROR FREE, VIRUS FREE, OR UNINTERRUPTED; (iii) ANY POSTMAN MATERIALS OR CONTENT WILL BE ACCURATE OR RELIABLE; (iv) ANY CONTENT WILL NOT BE LOST OR CORRUPTED; OR (v) IT WILL BE ABLE TO RECTIFY/REMEDY ANY ERRORS OR DEFECT.

POSTMAN HAS NO CONTROL OVER THE CONTENT USED, UPLOADED, OR GENERATED BY CUSTOMER IN ITS USE OF THE SERVICES. POSTMAN UNDERTAKES NO RESPONSIBILITY FOR ANY LOSS THAT CUSTOMER OR ANY OTHER PERSON MAY SUFFER DUE TO ANY CONTENT USED, UPLOADED, OR GENERATED BY CUSTOMER'S USE OF THE SERVICES. POSTMAN HAS NO CONTROL OVER THE USE THAT ANY THIRD PARTY MAY PUT TO ANY CONTENT THAT IS PUBLICLY SHARED BY CUSTOMER ON THE SERVICES. POSTMAN ASSUMES NO RESPONSIBILITY FOR ANY LOSS THAT CUSTOMER OR ANY THIRD PARTY MAY SUFFER DUE TO ANY CONTENT USED OR SHARED BY CUSTOMER USING THE SERVICES, UNLESS IT RESULTS FROM A BREACH BY POSTMAN OF ONE OF ITS OBLIGATIONS SET FORTH IN THESE TERMS.

POSTMAN SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE POSTMAN'S REASONABLE CONTROL, UNLESS IT RESULTS FROM A BREACH BY POSTMAN OF ONE OF ITS OBLIGATIONS SET FORTH IN THESE TERMS.

12.1. Indemnification by Customer

1. Customer will defend Postman and its Affiliates and its and their officers, directors, employees, and representatives from any from and against any claim, action, demand, or proceeding by a third party (each, a "Claim"), and will hold harmless and indemnify Postman against any resulting liability, damages, cost, loss, or expense, including court costs and reasonable attorneys' fees, and fines and penalties imposed by any governmental entity arising out of or in connection with (a) a claim by a third party in connection with Customer Content, including but not limited to any claim that Customer Content infringes upon or misappropriates a third party's Intellectual Property Rights; (b) a violation by Customer and/or its Authorized Users of Section 5.3 (Customer Requirements and Restrictions) of these Terms (including but not limited to a violation of applicable law); (c) a violation by Customer of Section 5.11(c) (Additional Customer Obligations) of these Terms; and/or (d) Customer's breach of its confidentiality, data privacy, and/or data security obligations hereunder (including Section 10 (Confidentiality), Section 8.2 (Customer Obligations), and Section 9.1 (Shared Security Responsibility Model)).
2. In the event Postman seeks indemnification under this Section 12.1, Postman shall provide Customer (i) prompt written notice of the Claim (but in any event notice in sufficient time for Customer to respond without prejudice); (ii) reasonable assistance in the defense and investigation of the Claim, including providing Customer a copy of the Claim and all relevant evidence in Postman's possession or control; and (iii) the exclusive right to control and direct the investigation, defense, and settlement (if applicable) of the Claim, provided that Customer will not settle any Claim unless the settlement unconditionally releases Postman of all liability.

12.2. Indemnification by Postman

1. Postman will defend Customer from any claim, action, demand, or proceeding by a third party that the Software or Services infringes or misappropriates the Intellectual Property Rights of that third party (an "IP Claim"), and Postman will hold harmless and indemnify Customer against any direct damages, costs, losses, or expenses, including court costs and reasonable attorneys' fees, and fines and penalties imposed by any governmental entity (collectively, "Losses"), finally awarded by a court of competent jurisdiction or agreed to in a settlement by Postman arising out of an IP Claim, provided that Postman has received from Customer: (i) prompt written notice of the IP Claim (but in any event notice in sufficient time for Postman to respond without prejudice); (ii) reasonable assistance in the defense and investigation of the IP Claim, including providing Postman a copy of the IP Claim and all relevant evidence in Customer's possession or control; and (iii) the exclusive right to control and direct the investigation, defense, and settlement (if applicable) of the IP Claim, provided that Postman will not settle any IP Claim unless the settlement unconditionally releases Customer of all liability. If a Loss is found by a court of competent jurisdiction to have been caused only in part by Postman, then its liability hereunder will be only such amount as is attributable to its fault.
2. Notwithstanding the foregoing, Postman shall have no liability under this Section 12.2 to the extent that an alleged infringement of Intellectual Property Rights arises from (i) use of the Services and/or Software in combination with other equipment or software not provided or approved by Postman in writing, if such claim would have been avoided but for such combined use; (ii) any modification to the Services and/or Software made by Customer or any other third party not approved by Postman in writing or expressly permitted under these Terms, if such claim would have been avoided but for such use; (iii) Customer's failure to install any Services and/or Software updates provided by Postman within a reasonable period of time following notification of such release; or (iv) use of the Services and/or Software other than in the manner permitted or authorized under these Terms. In the event that Customer's right to continue using the Services and/or Software are likely to be enjoined, in Postman's sole discretion it may (x) attempt to obtain the right for Customer to continue to use the Services and/or Software; or (y) replace or modify the Services and/or Software so that they no longer infringe but function substantially equivalently or (z) if neither (x) or (y) is commercially practicable, Postman shall have the right to terminate Customer's right to continue using the Services and refund any prepaid, unused Fees applicable to the remaining portion of Customer's applicable Subscription Term. Postman's indemnification obligations in this Section 12.2 do not apply to any Beta Preview provided to Customer (as defined in the Product Terms) or if Customer settles or makes any admissions with respect to an IP Claim without Postman's prior written consent.
3. TO THE EXTENT THE INDEMNIFICATION OBLIGATIONS IN THIS SECTION 12.2 (INDEMNIFICATION BY POSTMAN) APPLY, THE PROVISIONS OF THIS SECTION 12.2 STATE THE SOLE, EXCLUSIVE, AND ENTIRE LIABILITY OF POSTMAN TO CUSTOMER, AND CUSTOMER'S SOLE REMEDY, WITH RESPECT TO THE INFRINGEMENT OR MISAPPROPRIATION OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS IN CONNECTION WITH ANY SERVICES, SOFTWARE, POSTMAN MATERIALS, AND/OR OTHER CONTENT PROVIDED BY POSTMAN UNDER THESE TERMS.

13.1. CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT POSTMAN AND ITS AFFILIATES AND ITS AND THEIR REPRESENTATIVES AND LICENSORS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, SHALL NOT BE LIABLE TO CUSTOMER UNDER ANY THEORY OF LIABILITY FOR ANY LOSS OF CONTENT, LOSS OF USE, FAILURE OF SECURITY MECHANISMS, BUSINESS INTERRUPTION, LOSS OF INCOME OR PROFIT, OR ANY INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY LOSS OR DAMAGES THAT MAY BE INCURRED BY CUSTOMER ARISING OUT OF OR RELATED TO THESE TERMS AND/OR THE SERVICES, SOFTWARE, OR THIRD-PARTY CONTENT OR POSTMAN MATERIALS, WHETHER OR NOT POSTMAN, ITS AFFILIATES, OR ITS AND THEIR REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

13.2. EXCEPT FOR (i) A PARTY'S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD, OR ANY SUCH LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW; (ii) CUSTOMER'S INDEMNIFICATION OBLIGATIONS UNDER SECTION 12.1; (iii) CLAIMS ARISING OUT OF CUSTOMER'S VIOLATION OF ITS OBLIGATIONS UNDER SECTION 5.3 (CUSTOMER REQUIREMENTS AND RESTRICTIONS) OR SECTION 5.10 (ADDITIONAL OBLIGATIONS); (iv) CLAIMS ARISING OUT OF CUSTOMER'S VIOLATION OF ITS CONFIDENTIALITY, DATA PRIVACY, AND/OR SECURITY OBLIGATIONS (INCLUDING SECTION 8.2 (CUSTOMER OBLIGATIONS), SECTION 9.1 (SHARED SECURITY RESPONSIBILITY MODEL), AND SECTION 10 (CONFIDENTIALITY)); OR (v) CLAIMS ARISING OUT OF THE CUSTOMER CONTENT CUSTOMER SUBMITS TO, CREATES IN, OR STORES ON THE SERVICES, THE AGGREGATE LIABILITY OF EITHER PARTY FOR ALL CLAIMS RELATING TO THE SERVICES OR CONNECTED WITH THESE TERMS, REGARDLESS OF THE DAMAGES THEORY, WILL NOT EXCEED THE FEES PAID OR OWING TO POSTMAN UNDER THE APPLICABLE ORDER IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE.

13.3. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, POSTMAN'S AGGREGATE LIABILITY TO CUSTOMER AS IT RELATES TO (i) TRIAL OFFERINGS OR ANY OTHER COMPLIMENTARY SERVICES THAT ARE FREE OF CHARGE, (ii) RESEARCH STUDIES, AND/OR (iii) BETA PREVIEWS SHALL NOT EXCEED US$100 (EACH AS DEFINED IN THE PRODUCT TERMS).

13.4. THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION 13 ALSO APPLY IF THE REMEDY DOES NOT FULLY COMPENSATE CUSTOMER FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.

13.5. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, POSTMAN WILL NOT BE LIABLE FOR ANY DAMAGES INCURRED BY CUSTOMER TO THE EXTENT ARISING FROM THE ACTIONS OF CUSTOMER OR ANY THIRD PARTY OTHER THAN POSTMAN'S REPRESENTATIVES. FURTHER, NOTHING IN THIS SECTION 13 SHALL LIMIT CUSTOMER’S PAYMENT OBLIGATIONS UNDER THESE TERMS AND ALL APPLICABLE ORDERS.

14.1. Postman's Rights. Customer acknowledges and agrees that Postman and its licensors have and retain ownership and all technology and intellectual property rights of any kind in the Services, Software, the Postman Websites, Documentation, and the Postman Materials including but not limited to (i) patents, ideas, inventions, interfaces, and designs, and any other industrial property rights; (ii) trade marks, trade name rights, goodwill and similar rights, (iii) copyrights and other rights associated with works of authorship, programmatic tools, user interfaces, algorithms, logic, scripts, work flows, software, methodologies, and databases, (iv) know-how, trade secrets, and (v) any tools, downloadable programs, features, and functionalities of the Services that leverage artificial intelligence technologies and any resulting Usage Data, whether registered or not, and wherever in the world they may exist. As between Customer and Postman, Postman shall retain all legal right, title, and interest in the Documentation and Postman Materials. Postman reserves all rights in and to the Services, Software, Documentation, Postman Websites, and Postman Materials that it does not expressly grant Customer in these Terms.

14.2. Non-Exclusivity. Customer's rights under these Terms are non-exclusive. There is no prohibition or restriction on Postman to provide the same or similar rights as set out in these Terms to any other person or entity.

14.3. Publicity Rights. Postman may identify Customer as a Postman customer in its promotional materials, including via reference to its partners, prospective customers, and other customers, as well as on its website, subject to its Privacy Policy. Customer may request that Postman discontinue any such name / logo usage by submitting an email to sales@postman.com at any time. For the avoidance of doubt, Postman will obtain Customer's consent prior to (i) publishing quotes from the Customer's Users and/or representatives where such representatives are identified by name and/or Customer's name is used, or (ii) developing and issuing any case studies.

14.5. Feedback. Postman is always trying to improve its Services, and our customers' feedback (including within Beta Previews or Research Projects) will help us do that. If Customer chooses to give Postman any ideas, know-how, algorithms, code contributions, suggestions, enhancement requests, recommendations, or any other feedback related to Postman's Services (collectively, "Feedback"), it acknowledges and agrees that Postman will have a royalty-free, fully paid-up, worldwide, transferable, sub-licensable, irrevocable, and perpetual license to reproduce, copy, implement, use, distribute, modify, commercially exploit, rent and lend, represent, perform, make available to the public, and/or incorporate the Feedback into our Services and documentation. For the avoidance of doubt, Feedback shall not include Customer Content, and Postman will not publicly identify a Customer as the source of any Feedback without receiving Customer's prior written consent. Please send any such Feedback to help@postman.com.

14.6. Usage Data. Nothing in these Terms will restrict Postman from collecting, using, and/or analyzing Usage Data from its customers in an aggregated, deidentified manner for purposes of improving and enhancing the quality and nature of Services, or to market or publish general information and statistics, provided that Postman does not (a) specifically identify Customer or (b) publicly disclose any Personal Data in the course of collecting, using, analyzing, marketing, or publishing that information or data. For the avoidance of doubt, Usage Data does not include Customer's Confidential Information. Postman retains all legal rights, title, and interest in any record, report, or analysis it generates under this Section 14.6.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMER AND POSTMAN AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE AND/OR THE POSTMAN SERVICES WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CUSTOMER FURTHER AGREES THAT IT MAY ONLY BRING CLAIMS AGAINST POSTMAN IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

16.1. Entire Agreement. These Terms constitute the entire agreement between Customer and Postman regarding its use of the Services and supersedes all prior agreements (written or oral) between Customer and Postman in relation to the Services. No modification of these Terms is binding unless it is in a separate writing and signed by Customer and Postman. Customer agrees that any term or condition stated in Customer's purchase order or in any other order documentation (excluding Postman forms) is void. In the event of any conflict or inconsistency among the following documents, the order of precedence shall be: (1) the applicable Order, (2) the Product Terms (as applicable), and (3) these Terms.

16.2. No Waiver; Severability. Customer agrees that if Postman does not exercise or enforce any legal right or remedy which is contained in these Terms (or which Postman has the benefit of under any applicable law), this will not be taken to be a formal waiver of Postman's rights and that those rights or remedies will still be available to Postman. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision shall be deemed removed from these Terms without affecting the rest of the Terms. The remaining provisions of these Terms will continue to be valid and enforceable.

16.3. Assignment. The rights granted in these Terms may not be assigned or transferred by Customer without the prior written approval of Postman. Customer is not permitted to assign or delegate its responsibilities or obligations under these Terms without the prior written approval of Postman. Postman is entitled to assign, transfer, or delegate any right, responsibility, duty, or obligation under these Terms and the Postman Privacy Policy.

16.4. Purchase Through Reseller. The Terms apply whether Customer purchase Postman's Services directly from Postman or through a Reseller. Resellers are not permitted to modify, copy, sublicense, or distribute the Services except as expressly permitted by Postman. Resellers are not authorized to make any promises or commitments on Postman's behalf, and Postman is not bound by any obligations to Customer other than what Postman specifies in these Terms unless required by applicable mandatory law.

16.5. Independent Contractor. Postman and Customer are independent contractors and these Terms will not establish any relationship of partnership, employment, agency, joint venture, or franchise between Postman and Customer. Neither Party will have authority, and will not represent that it has any authority, to bind the other.

16.6. Governing Law and Venue. These Terms shall be governed by the laws of the State of Delaware, United States, without regard to any conflict of law provisions. Customer and Postman agree to submit to the exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware to resolve any dispute arising out of these Terms or the Use of the Services.

16.7. U.S. Government Rights. If Customer is using the Services, Software, and Postman Materials on behalf of the U.S. Government note that the U.S. Government's rights in the Services will be only those specified in these Terms and each Software component and each element of Postman Materials that are provided with the Services are provided to the U.S. Government as “commercial products” as defined at 48 C.F.R. § 2.101, consisting of “commercial computer software,” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. § 12.212 and DFARS 227.7202. If the Terms (or rights granted hereunder) are not adequate to the needs of the US Government or are inconsistent with the requirements under federal law, Customer will immediately discontinue use of the Services, Software, and Postman Materials.

16.8. Force Majeure. Postman will not be liable for any delay or default in its performance of any obligation under these Terms caused directly or indirectly by fire, flood, act of God, acts of government, an act or omission of civil or military authority of a state or nation, strike, lockout or other labor problem, inability to secure, delay in securing, or shortage of, labor, materials, supplies, transportation or energy, failures of suppliers, or by war, riot, pandemic, embargo or civil disturbance, breakdown, or destruction of plant or equipment arising from any cause whatsoever, or any cause or causes beyond Postman's reasonable control. This provision will in no way impair either party's right to terminate these Terms as set forth herein.

16.9. Notices. Except as otherwise expressly set forth in these Terms, all notices under these Terms shall be in writing and delivered by a nationally recognized overnight courier service, certified mail (return receipt requested), or personal delivery. If to Postman: Postman, Inc., Attn: Legal, 1 Market Plaza, Ste 0800, Steuart Tower, San Francisco, CA 94105, email copy (required): legal@postman.com. If to Customer: to the mailing address specified in the applicable Order, or to such other address as Customer may designate by written notice in accordance with this Section 16.9. If no address is specified in the Order, notice shall be sent to the Customer's billing contact on file. Notices shall be deemed delivered upon actual receipt or upon the date of refusal of delivery. Email alone shall not constitute valid notice for legal purposes unless explicitly permitted under these Terms. Informational or routine communications (e.g., service updates, invoices, support notifications) may be sent via email to the Customer's Account Admin(s) email and/or billing contact email and shall be deemed delivered when sent.

16.10. Survival. The following sections shall survive the termination or expiration of these Terms, together with any other provisions which by their nature are intended to survive, including but not limited to Confidentiality, Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification, Governing Law and Dispute Resolution, Payment Obligations (accrued prior to termination), Effect of Termination, and Miscellaneous (including Severability, Entire Agreement, Waiver, etc.). Termination of these Terms shall not affect the accrued rights or liabilities of either party as at the date of termination, nor any provision which is expressly or by implication intended to survive.

16.11. Language. All notices made or given pursuant to these Terms must be in the English language. If Postman provides a translated version of these Terms, the English language version will control in the event of any conflict.

16.12. Headings. The section headings of these Terms are for convenience only and have no interpretive value. Any list of examples following "including" or "e.g.," is illustrative and not exhaustive, unless qualified by terms like "only" or "solely."

17.1. With respect to Customers that have purchased an Enterprise Plan as expressly set forth in Customer's Order, the following terms in this Section 17 will, as applicable and noted below, either supplement or supersede and replace the terms and conditions set forth in these Terms of Service during Customer's Subscription Term for its Enterprise Plan. For the avoidance of doubt, the terms of this Section 17 apply to Postman's Enterprise Plan ONLY; if Customer has additional Subscription Plans, whether under the same or different Order, that are not Enterprise Plans, the terms of this Section 17 shall not apply to those other Subscription Plans.

17.2. For Enterprise Plans:

1. The definition in Section 2.5 of these Terms is replaced in its entirety with the following: "Authorized User" or "User" means an employee or contractor of Customer or its Affiliates who is authorized by Customer to use the Services and who has access to the Services using a unique username and password under Customer's Organization Account, as provisioned by the Account Admin(s).
2. Postman's Support and Service Level Policy, located at https://www.postman.com/legal/enterprise-sla/, shall apply.
3. Section 5.2(c) (Applying Software Updates) of these Terms is replaced in its entirety with the following: Postman strongly recommends Customer apply “urgent” or “critical” updates, as well as any “security updates”, as noted by Postman in its release notification communication(s), without undue delay.
4. Section 6.2(a) (Fee Increases and Discounts - Excluding Enterprise Plans) of these Terms is replaced in its entirety with the following Section 6.2(a) (Fee Increases and Discounts): Following the Initial Term, unless otherwise expressly set forth in the applicable Order, upon email notice to Customer at least sixty (60) days prior to the start of a Renewal Term, Fees for Customer's renewing Services (whether auto-renewing or via manual renewal) may be increased by Postman. For the avoidance of doubt, any such price increase is applied to, and based upon, the then-current standard Pricing for Customer's Subscription Plan and not any discounted or complimentary rate provided to Customer during the Initial Term. Unless otherwise expressly set forth in an Order, any Pricing discounts (including complimentary features, add-ons, products, and licenses, or any temporary "unlimited" usage, each and collectively "Discounts") provided in an Order are not guaranteed to continue past the Initial Term of such Order or to be provided by Postman in a renewal Order; Postman reserves the right to discontinue, remove, or modify any such Discounts at the start of any Renewal Term.
5. Section 6.2(e) (Postman's Option of Non-Renewal) of these Terms is replaced in its entirety with the following: For the avoidance of doubt, unless otherwise expressly set forth in an Order, Postman may submit a notice of non-renewal to Customer of any Order upon at least thirty (30) days' prior written (email) notice to Customer.
6. Section 6.6 (Effect of Termination) of these Terms is replaced in its entirety with the following: Upon termination or expiration of Customer's Subscription Plan and these Terms, Postman will cease providing the Services and promptly charge Customer for any unpaid amounts owed, and Customer will pay Postman for all Services rendered prior to the effective date of termination (or as otherwise set forth in these Terms). To the extent such termination is the result of a material, uncured breach by Postman, Customer is entitled to a pro-rata refund, as of the Effective Date of the Expiration, of any prepayment made by Customer for any Services not yet performed. Additionally, if Customer has submitted a Complete Account Cancellation request, Postman will delete Customer Content without undue delay, and in any event, within thirty (30) days from the Effective Date of Expiration. Customer may download Customer Content from its Workspaces to its own data storage systems prior to the termination or expiration of its Subscription Plan. Excepted from the foregoing is any Customer Content permanently deleted by Postman in order to comply with applicable law or to avoid a security breach. Customer acknowledges that if Customer's access to the Services is suspended or its Order is terminated, Customer will not have access to Customer Content stored on the Services during any such period of suspension.
7. Section 7.1 (Fees) of these Terms is replaced in its entirety with the following: If Customer chooses to subscribe to one or more of Postman's paid Services, its use of the Services is subject to it paying the fees applicable to the Subscription Plan selected and/or used by Customer, as set forth in the applicable Order ("Fees"). Postman's pricing for Subscription Plans, permitted usage, and available features for each Subscription Plan are listed at postman.com/pricing ("Pricing"). Unless otherwise set forth in an Order, Customer will pay all Fees in United States Dollars within thirty (30) days from the date of invoice. Except where expressly stated in these Terms or an Order, all payment obligations are non-cancelable and all Fees paid are non-refundable.
8. Section 7.2 (Disputes) of these Terms is replaced in its entirety with the following: Unless Customer identifies any disputed amounts within ten (10) business days of receipt of invoice, such invoice shall be deemed undisputed. In the event of a dispute, the Parties agree to work together in good faith to resolve such dispute. If the dispute is regarding a portion of an invoice, the undisputed portion shall remain due and payable in accordance with these Terms. Inquiries should be directed to Customer's sales representative or sales@postman.com.
9. Section 7.7(a) (Overages) of these Terms is replaced in its entirety with the following: Postman will provide Customer notice of Overages via email and generally within 45 days following the Overage. If Customer does not (i) reduce its usage to the applicable Usage Limits set forth in the applicable Order, (ii) enter into good faith discussions with the Postman sales representative (or, as applicable, a Reseller) regarding the purchase of additional Users and/or Services, or (iii) purchase additional Users and/or other applicable Services that have exceeded its then-current Usage Limits (through Postman or via the Reseller, as applicable), promptly following receipt of such Overage notice, Postman will charge Customer Fees for such Overages, at the then-current Pricing rates for Customer's Subscription Plan pro-rated back to the first date of the Overage through the remainder of the applicable Subscription Term. Customer shall pay the Fees for such Overages in accordance with these Terms and/or the applicable Order. If Customer does not pay such Fees for Overages as set forth herein, Postman reserves the right to suspend and/or terminate Customer's Account in accordance with Section 7.3 (Overdue Payments) of these Terms. While Postman endeavors to promptly notify Customer of any Overages, Customer acknowledges that unless otherwise expressly set forth in the Order, Postman's delay or failure to contact Customer with respect to Overages and/or charge Customer additional Fees for such Overages, shall not constitute a waiver by Postman of its right to charge Fees for Overages.
10. With respect to Section 6.2(c)(iii) (Renewals and Auto-Renewal for Enterprise Plans) of these Terms, the following additional terms apply: In the event Customer has (1) submitted a notice of non-renewal of an Enterprise Plan in accordance with the applicable provisions of Section 6.2(d) or their current Order(s) is expiring, and (2) as of that Order's Effective Date of Expiration Customer is engaged in good faith negotiations with Postman with respect to a renewal Order but a new Order has not yet been executed, provided that Customer continues to make good faith efforts to promptly execute a new or renewal Order, Postman will not cancel Customer's Enterprise Subscription Plan and relevant Organization and User(s) Accounts (which would thereby downgrade such Enterprise Plan and associated Account(s) to a Free Plan, as further described in Section 6.1(d)). The terms of Section 6.2(c) (Sales-Assisted Customers - Failure to Timely Execute a Renewal Order) - including Postman's right to suspend Customer's Organization Account if it fails to use good faith efforts to timely enter into a renewal Order - and Postman's rights under these Terms shall, however, continue to apply.
11. Section 11 (Disclaimers) of these Terms is hereby replaced in its entirety as Section 11 (Postman Warranty and Disclaimers) with the following:
1. 11.1. Postman Warranty. Postman warrants that, during the Subscription Term: (i) the Services will conform in all material respects to the Service Levels (as set forth in the Support and Service Level Policy) when accessed and used by Customer in accordance with the Documentation; (ii) it will provide the Services in a professional manner, consistent with recognized industry standards and good commercial practices for similar services; (iii) it shall use commercially reasonable efforts intended to prevent the introduction of known viruses, Trojan horses, worms, spyware, or other such malicious code into the Services; and (iv) it has the authority and right to (a) enter into this Agreement and (b) observe and perform its respective obligations contained in this Agreement.
2. 11.2. DISCLAIMER OF WARRANTY. WITH THE EXCEPTION OF THOSE EXPRESS WARRANTIES MADE IN SECTION 11.1 (POSTMAN WARRANTY), TO THE MAXIMUM EXTENT PERMITTED BY LAW, POSTMAN DISCLAIMS ALL WARRANTIES WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FUNCTIONALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY APPLICABLE LAW. POSTMAN DOES NOT WARRANT THAT (i) THE SERVICES, SOFTWARE, POSTMAN MATERIALS, OR CONTENT WILL MEET CUSTOMER'S REQUIREMENTS; (ii) OPERATION OF THE SERVICES, SOFTWARE, POSTMAN MATERIALS, OR THE CONTENT WILL BE SECURE, ERROR FREE, VIRUS FREE, OR UNINTERRUPTED; (iii) ANY POSTMAN MATERIALS OR CONTENT WILL BE ACCURATE OR RELIABLE; (iv) ANY CONTENT WILL NOT BE LOST OR CORRUPTED; OR (v) IT WILL BE ABLE TO RECTIFY/REMEDY ANY ERRORS OR DEFECT.
3. POSTMAN HAS NO CONTROL OVER THE CONTENT USED, UPLOADED, OR GENERATED BY CUSTOMER IN ITS USE OF THE SERVICES. POSTMAN UNDERTAKES NO RESPONSIBILITY FOR ANY LOSS THAT CUSTOMER OR ANY OTHER PERSON MAY SUFFER DUE TO ANY CONTENT USED, UPLOADED, OR GENERATED BY CUSTOMER'S USE OF THE SERVICES. POSTMAN HAS NO CONTROL OVER THE USE THAT ANY THIRD PARTY MAY PUT TO ANY CONTENT THAT IS PUBLICLY SHARED BY CUSTOMER ON THE SERVICES. POSTMAN ASSUMES NO RESPONSIBILITY FOR ANY LOSS THAT CUSTOMER OR ANY THIRD PARTY MAY SUFFER DUE TO ANY CONTENT USED OR SHARED BY CUSTOMER USING THE SERVICES, UNLESS IT RESULTS FROM A BREACH BY POSTMAN OF ONE OF ITS OBLIGATIONS SET FORTH IN THESE TERMS.
4. POSTMAN SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE POSTMAN'S REASONABLE CONTROL, UNLESS IT RESULTS FROM A BREACH BY POSTMAN OF ONE OF ITS OBLIGATIONS SET FORTH IN THESE TERMS.
12. Section 13 (Limitation of Liability) of these Terms is replaced in its entirety with the following:
1. 13.1. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE HEREUNDER FOR ANY LOSS OF CONTENT, LOSS OF USE, FAILURE OF SECURITY MECHANISMS, BUSINESS INTERRUPTION, LOSS OF INCOME OR PROFIT, OR ANY INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY LOSS OR DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS AND/OR THE SERVICES, SOFTWARE, OR THIRD-PARTY CONTENT OR POSTMAN MATERIALS, EVEN IF A PARTY OR ITS AFFILIATE OR REPRESENTATIVES WAS INFORMED OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
2. 13.2. EXCEPT FOR (i) A PARTY'S RESPECTIVE INDEMNIFICATION OBLIGATIONS; (ii) A PARTY'S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD, OR ANY SUCH LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW; (iii) CLAIMS ARISING OUT OF CUSTOMER'S VIOLATIONS OF ITS OBLIGATIONS UNDER SECTION 5.3 (CUSTOMER REQUIREMENTS AND RESTRICTIONS) OR SECTION 5.10 (ADDITIONAL OBLIGATIONS), (iv) CLAIMS ARISING OUT OF CUSTOMER'S VIOLATION OF ITS CONFIDENTIALITY OR DATA PRIVACY AND/OR SECURITY OBLIGATIONS (INCLUDING SECTION 8.2 (CUSTOMER OBLIGATIONS), SECTION 9.1 (SHARED SECURITY RESPONSIBILITY MODEL), AND SECTION 10 (CONFIDENTIALITY), (v) CLAIMS ARISING OUT OF THE CUSTOMER CONTENT CUSTOMER SUBMITS TO, CREATES IN, OR STORES ON; OR (vi) CLAIMS ARISING OUT OF POSTMAN'S VIOLATION OF ITS CONFIDENTIALITY OR DATA PRIVACY AND/OR SECURITY OBLIGATIONS (INCLUDING SECTION 8.1 (APPLICABLE PRIVACY TERMS), SECTION 9.2 (POSTMAN'S SECURITY OBLIGATIONS), AND SECTION 10 (CONFIDENTIALITY)), THE AGGREGATE LIABILITY OF EITHER PARTY FOR ALL CLAIMS RELATING TO THE SERVICES OR CONNECTED WITH THESE TERMS, REGARDLESS OF THE DAMAGES THEORY, WILL NOT EXCEED THE FEES PAID OR OWING TO POSTMAN UNDER THE APPLICABLE ORDER IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE.
3. 13.3. WITH RESPECT TO CLAIMS ARISING OUT OF POSTMAN'S VIOLATION OF ITS CONFIDENTIALITY OR DATA PRIVACY AND/OR SECURITY OBLIGATIONS (INCLUDING SECTION 8.1 (APPLICABLE PRIVACY TERMS), SECTION 9.2 (POSTMAN'S SECURITY OBLIGATIONS), AND SECTION 10 (CONFIDENTIALITY)), THE AGGREGATE TOTAL LIABILITY RELATING TO SUCH CLAIMS OR CONNECTED WITH AND/OR ARISING PURSUANT TO SUCH CLAIMS, REGARDLESS OF THE DAMAGES THEORY, WILL NOT EXCEED TWO TIMES (2X) THE FEES PAID OR OWING TO POSTMAN UNDER THE APPLICABLE ORDER IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE.
4. 13.4. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, POSTMAN'S AGGREGATE LIABILITY TO CUSTOMER AS IT RELATES TO (i) TRIAL OFFERINGS OR ANY OTHER COMPLIMENTARY SERVICES THAT ARE FREE OF CHARGE, (ii) RESEARCH STUDIES; AND/OR (iii) BETA PREVIEWS (EACH AS DEFINED THE PRODUCT TERMS) SHALL NOT EXCEED US$100.
5. 13.5. THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION 13 ALSO APPLY IF THE REMEDY DOES NOT FULLY COMPENSATE CUSTOMER FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.
6. 13.6. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, POSTMAN WILL NOT BE LIABLE FOR ANY DAMAGES INCURRED BY CUSTOMER TO THE EXTENT ARISING FROM THE ACTIONS OF CUSTOMER OR ANY THIRD PARTY OTHER THAN POSTMAN'S REPRESENTATIVES. FURTHER, NOTHING IN THIS SECTION 13 SHALL LIMIT CUSTOMER'S PAYMENT OBLIGATIONS UNDER THESE TERMS AND ALL APPLICABLE ORDERS.
13. Section 16.3 (Assignment) of these Terms is replaced in its entirety with the following: Neither party may assign these Terms (and the applicable Order(s)), or any of its rights or obligations thereunder, without the prior written consent of the other party, provided, however that either party may assign its rights and obligations to any of its majority-owned Affiliates or subsidiaries, or to any successor in interest to all or substantially all of such party's business or assets associated with the Services.
14. Section 16.8 (Force Majeure) of these Terms is replaced in its entirety with the following: Neither party will be liable for any delay or default in its performance of any obligation under these Terms (other than a payment obligation) caused directly or indirectly by fire, flood, act of God, acts of government, an act or omission of civil or military authority of a state or nation, strike, lockout or other labor problem, inability to secure, delay in securing, or shortage of, labor, materials, supplies, transportation or energy, failures of suppliers, or by war, riot, pandemic, embargo or civil disturbance, breakdown, or destruction of plant or equipment arising from any cause whatsoever, or any cause or causes beyond such party's reasonable control. This provision will in no way impair either Party's right to terminate these Terms as set forth herein.

To the extent Postman offers different terms, restrictions, or requirements for individuals located in different countries, it will provide those terms as set forth below.

18.1. European Union and United Kingdom. Notwithstanding the above terms, If Customer is an individual consumer with their habitual residence in a Member State of the European Union (EU) or the United Kingdom (UK), the following terms shall apply and take precedence over any conflicting provision in these Terms:

1. Purchasing. By purchasing any of the Services for a fee, Customer confirms that, with respect to applicable EU law, they are downloading, installing, and using the Services exclusively as a trader for purposes of trade, business, or its profession for their enterprise.
2. Changes. Notwithstanding Section 3 (Changes) of these Terms, Postman will notify Customer reasonably in advance of any material changes to these Terms, as well as of any content and use policies Postman may implement from time to time, by email. Customer may refuse to accept the new Terms by waiving the use of the Services as of the effective date of the new Terms. If Customer continues using the Services as of the effective date of the new Terms, Customer shall be deemed to have accepted the new Terms. Postman will inform Customer of this effect of their continued use of the Services when notifying Customer of the respective changes. Notwithstanding the foregoing, Postman may modify or discontinue, temporarily or permanently, Customer's access to the Postman API (or any part thereof) with a reasonable prior written notice provided to Customer, unless the amendments and discontinuations are limited to technical evolutions that do not result in an increase in price or a change in quality and characteristics of the Postman API.
3. Content Take-Down Requests. If Postman receives a take-down request for any of Customer Content, it shall take reasonable steps to determine the basis for such notice. If Postman concludes that it is legally obligated to comply with such request or that it is appropriate for Postman to comply with such request, it may, based upon reasonable criteria, determine to remove such Customer Content. Postman will not have any liability to Customer as a result of taking down Customer Content in accordance with this Section 18.1(c), unless it results from a breach by Postman of one of its obligations in these Terms.
4. Indemnification. Section 12.1 (Indemnification by Customer) is not applicable if you are a consumer with your habitual residence in a Member State of the EU or the UK.
5. Postman's Limitation of Liability with Regard to Consumers in the UK and EU. NOTWITHSTANDING ANY OTHER PROVISIONS IN THESE TERMS, IF CUSTOMER IS A CONSUMER WITH ITS HABITUAL RESIDENCE IN A MEMBER STATE OF THE EUROPEAN UNION OR IN THE UNITED KINGDOM: (i) POSTMAN IS LIABLE IN ACCORDANCE WITH THE STATUTORY PROVISIONS OR COMMON LAW (AS APPLICABLE) FOR DAMAGES CAUSED BY POSTMAN THROUGH FRAUD, WILLFUL INTENT, OR GROSS NEGLIGENCE; (ii) IN THE CASE OF SIMPLE NEGLIGENCE, TO THE EXTENT SUCH LIMITATION IS PERMISSIBLE UNDER APPLICABLE LAW, POSTMAN IS ONLY LIABLE IN THE EVENT OF A BREACH OF AN ESSENTIAL CONTRACTUAL OBLIGATION AND ONLY FOR FORESEEABLE AND TYPICAL DAMAGES; (iii) ESSENTIAL CONTRACTUAL OBLIGATIONS ARE THOSE OF WHICH FULFILLMENT IS ESSENTIAL FOR THE PROPER RENDERING OF THE SERVICES; AND (iv) THE LIMITATIONS OF LIABILITY DO NOT APPLY TO DAMAGES FOR DEATH OR PERSONAL INJURY, WILLFUL INTENT, OR GROSS NEGLIGENCE, NOR TO DAMAGES IN RESPECT OF WHICH IT WOULD BE UNLAWFUL FOR POSTMAN TO EXCLUDE OR RESTRICT ITS LIABILITY.
6. Assignment. Postman does not need Customer's agreement for an assignment, transfer or delegation, provided that Customer's rights under these Terms are not affected.
7. Governing Law. The protection of the mandatory provisions of the law (including consumer protection law) of the state in which Customer has its habitual residence is not excluded.