CONSOLESMITH L.L.C. Terms of Service
Terms of Service
Effective Date: 10-05-2026. Last Updated: 10-05-2026.
These Terms of Service (“Terms”) govern your ("you" or "user") access to and use of ConsoleSmith (“Service”), operated by CONSOLESMITH L.L.C., an Indiana limited liability company (“Company,” “we,” “us,” or “our”). By accessing or using the Service, you agree to be bound by these Terms.
1. Description of Service
ConsoleSmith is a software-as-a-service (SaaS) product that provides an AI-accessible Model Context Protocol (MCP) server for managing Microsoft 365 and Microsoft Intune environments. The Service interfaces with Microsoft Graph API on behalf of authenticated users and may perform both read and write operations within the customer’s Microsoft 365 tenant.
Write operations available through the Service include, but are not limited to: retiring devices, removing group members, assigning licenses, and adding group members. Write operations take effect immediately in the customer's production Microsoft 365 tenant, execute under the customer's own Microsoft Entra ID application registration and administrative permissions, and cannot be reversed by the Company.
The user is the sole authorizing party for every action executed through the Service and is responsible for reviewing each proposed action before permitting it to execute. Users are solely responsible for ensuring that any actions taken through the Service are authorized within their organization.
2. Eligibility
You must be at least 18 years of age and have the legal authority to enter into these Terms on behalf of yourself or the organization you represent. If you use the Service on behalf of an organization, or you are accepting these Terms as an organization, “you” means both you and that organization, and all officers, directors, representatives, and agents. You represent that you are authorized to bind that organization to these Terms, and that organization is jointly responsible for your use of the Service. By using the Service, you represent and warrant that you meet these requirements.
3. Account Registration and License Keys
For Pro Plan users, Access to the Service is granted via a unique license key issued upon registration and payment of the fee for the subscription plan chosen by you (“License Key”). You are responsible for maintaining the confidentiality of your License Key and for all activity that occurs under it. You must notify us immediately at support@consolesmith.com if you believe your License Key has been compromised. Any loss, data breach, misuse, injury, harm or other incident that occurs will be the responsibility of the User to which such License Key corresponding to such incident is associated. License Key holders indemnify and hold harmless the Company for any loss or injury as a result of a misuse of a License Key or a breach of these Terms by a User. Free Plan users are not provided with a license key. Free Plan users and Pro Plan users are subject to different use limitations, rights, and remedies, as described in this Terms of Service.
License Keys are non-transferable and may not be shared, sold, or sublicensed.
4. Subscription Plans and Fees
The Service is offered under the following plans:
| Plan | Price | Call Limit | Use Case |
|---|---|---|---|
| Free | $0/month | 100 API calls/day* | Single Tenant |
| Pro | $39/month | Unlimited* | One Microsoft 365 organization |
All fees are stated in U.S. dollars. Subscription fees are billed monthly in advance via Stripe. You authorize us to charge your payment method on a recurring basis. Your subscription automatically renews for successive one-month terms at the then-current price for your plan, and you authorize that your payment method will be charged on each renewal date until you cancel pursuant to these Terms. You may cancel at any time as provided in Section 15, and cancellation takes effect at the end of the then-current billing period. No charges will be made for billing periods beginning after cancellation takes effect. We may change the fees for any plan on at least thirty (30) days' prior notice by email to the address associated with your License Key. A price change takes effect at the start of your next billing period, and if you do not agree to it you may cancel before it takes effect. Fees are exclusive of all sales, use, value-added, withholding, and similar taxes, to which the User is responsible. If you are required by law to withhold any amount from a payment, you will increase the payment so that the Company receives the full amount of the fee. If a charge is declined, reversed, or charged back, we may suspend your License Key and access to the Service until payment is received, and we may terminate your subscription if payment remains outstanding more than fifteen (15) days after the due date.
*Each of the Free and Pro Tier Plans shall be subject to a limit of sixty (60) API calls per sixty (60) second window per Tenant.
5. Free Tier Limitations
Free tier users are limited to 100 API calls per day, reset at 12:00 A.M. UTC. Upon reaching the limit, additional calls will be rejected with an error response until the next reset period. The Company reserves the right to modify free tier limits at any time without notice. Free tier users may have access to read-only tools, which we may revoke at our discretion.
6. Refund Policy
You may request a full refund within 7 days of your initial subscription payment for the Pro plan. After 7 days, all fees are non-refundable. Refund requests must be submitted to support@consolesmith.com with your License Key and the email address used at checkout. The 7-day period runs from the date of your initial subscription payment for a given plan. A refund under this Section is available once per customer and once per organization, and does not apply to renewal payments, to a subscription reinstated after a prior cancellation, or to the Free tier. Approved refunds are issued to the original payment method through Stripe within a commercially reasonable period after approval. Except where a refund is required by applicable law, this Section states your sole and exclusive remedy for dissatisfaction with the Service.
7. Acceptable Use
You agree not to use the Service to:
- Access, manage, or modify any Microsoft 365 tenant for which you do not have explicit administrative authorization.
- Perform actions that violate Microsoft’s Terms of Service or Graph API usage policies.
- Circumvent rate limits, authentication, or access controls.
- Resell or redistribute access to the Service without written permission from the Company.
- Use the Service in connection with any unlawful activity.
- Attempt to reverse-engineer, decompile, or extract source code from the Service, other than the Client Software described in Section 12.
Authorization representation. You represent and warrant, on a continuing basis and as of each use of the Service, that you hold the administrative authorization described in item 1 above, that your use of the Service is within the scope of that authorization, and that your use does not exceed the permissions granted to your Microsoft Entra ID application registration. If you administer tenants belonging to third parties, including as a managed service provider, you must obtain written authorization from each tenant owner before using the Service on that tenant, retain that authorization for the duration of your engagement and for one (1) year afterward, and produce it to the Company promptly on request. You must discontinue use of the Service with respect to a tenant immediately upon termination or expiration of your administrative role or engagement for that tenant.
You acknowledge that accessing or modifying a Microsoft 365 tenant without authorization may violate the federal Computer Fraud and Abuse Act (18 U.S.C. § 1030) and applicable state statutes or other laws, in addition to breaching these Terms. The Company may suspend or terminate your access immediately, without notice and without refund, if it reasonably believes you have used the Service on a tenant you are not authorized to administer, and may disclose relevant account and log records to the affected tenant owner or to law enforcement to the extent permitted by applicable law.
8. Customer Responsibilities
You are solely responsible for:
- Ensuring you have proper administrative authorization to perform any actions within your Microsoft 365 tenant before using the Service.
- Maintaining appropriate backups and having rollback procedures in place before using write operations (retire_device, remove_group_member, assign_license, add_group_member).
- Verifying the accuracy of all actions taken through the Service before execution.
- Compliance with your organization’s internal IT policies and any applicable regulations.
- Reviewing and confirming each action proposed by your AI assistant before permitting it to execute, and independently validating the scope of any bulk or multi-object operation.
- Scoping the permissions granted to your Microsoft Entra ID application registration to the minimum necessary for your intended use, and revoking that consent when you cease using the Service.
- Maintaining records of the administrative authorization under which you use the Service and, if you administer tenants belonging to third parties, retaining written authorization from each such tenant owner.
The Company is not responsible for any changes made to your Microsoft 365 environment as a result of actions you initiate through the Service.
9. Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE COMPANY DOES NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (B) DEFECTS WILL BE CORRECTED; (C) THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE SERVICE WILL MEET YOUR REQUIREMENTS.
WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT WARRANT THAT ANY WRITE OPERATION WILL PRODUCE THE RESULT YOU INTENDED, THAT ONLY THE OPERATIONS YOU INTENDED WILL BE EXECUTED, OR THAT THE OUTPUT, REASONING, OR TOOL SELECTION OF ANY AI ASSISTANT USED WITH THE SERVICE WILL BE ACCURATE, COMPLETE, OR APPROPRIATE FOR YOUR ENVIRONMENT. AI-GENERATED OR ASSISTED OUTPUT IS NON-DETERMINISTIC AND MAY BE INCORRECT. WRITE OPERATIONS MAY TAKE EFFECT IMMEDIATELY IN YOUR PRODUCTION TENANT AND CANNOT BE REVERSED BY THE COMPANY: THE COMPANY RETAINS NO COPY OF YOUR TENANT DATA OR OF ANY PRIOR TENANT STATE (SEE SECTION 13) AND THEREFORE CANNOT RESTORE, REVERSE, OR RECREATE ANY DEVICE ENROLLMENT, GROUP MEMBERSHIP, LICENSE ASSIGNMENT, OR CONFIGURATION AFFECTED BY AN ACTION YOU INITIATE OR PERMIT. THE SERVICE IS NOT A BACKUP, ARCHIVING, OR DISASTER-RECOVERY SOLUTION AND MUST NOT BE RELIED ON AS ONE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY OR THROUGH THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE.
WRITE OPERATIONS. WITHOUT LIMITING THE FOREGOING, THE COMPANY SHALL HAVE NO LIABILITY FOR ANY LOSS, DAMAGE, DELETION, DEVICE RETIREMENT, DEPROVISIONING, LOSS OF ACCESS, SERVICE DISRUPTION, REGULATORY EXPOSURE, OR OTHER CONSEQUENCE ARISING FROM ANY WRITE OPERATION INITIATED OR PERMITTED THROUGH THE SERVICE, INCLUDING ANY ACTION PROPOSED BY AN AI ASSISTANT AND PERMITTED TO EXECUTE BY YOU, AND INCLUDING ANY COST OF REMEDIATION, RE-ENROLLMENT, RE-PROVISIONING, OR RESTORATION OF YOUR MICROSOFT 365 TENANT.
YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL RISK ARISING FROM YOUR USE OF WRITE OPERATIONS IN A PRODUCTION ENVIRONMENT, INCLUDING ANY DELETION, DEVICE RETIREMENT, DEPROVISIONING, LICENSE REASSIGNMENT, GROUP-MEMBERSHIP CHANGE, OR LOSS OF ACCESS, WHETHER OR NOT THE ACTION PRODUCED THE RESULT YOU INTENDED. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION DO NOT LIMIT (A) YOUR OBLIGATION TO PAY FEES DUE UNDER SECTION 4; (B) YOUR INDEMNIFICATION OBLIGATIONS UNDER SECTION 11; OR (C) ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES, AND ANY CLAIM NOT BROUGHT WITHIN THAT PERIOD IS PERMANENTLY BARRED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO ONE OR MORE OF THE EXCLUSIONS OR LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. IN THAT EVENT, THE COMPANY'S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF: (A) THE TOTAL FEES YOU PAID TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).
11. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, third party providers, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights, including Microsoft’s terms of service; or (d) any actions taken within your Microsoft 365 tenant through the Service, including any action proposed by an AI assistant and permitted to execute by you.
The Company will give you prompt written notice of any claim for which it seeks indemnification, provided that a failure or delay by us does not waive our right to seek indemnification. You will assume control of the defense of the claim with counsel reasonably acceptable to the Company, and the Company may participate in the defense at its own expense with counsel of its choosing. You may not settle any claim in a manner that imposes any obligation or liability on the Company, requires any admission by the Company, or affects the Company's rights, without the Company's prior written consent. The Company will provide reasonable cooperation in the defense at your expense. Your obligations under this Section survive termination of these Terms.
12. Intellectual Property
The Service, including all software, documentation, and associated materials, is owned by CONSOLESMITH L.L.C. and protected by intellectual property laws. Subject to these Terms and, for the Pro plan, to payment of all applicable fees, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service during your subscription term for your internal business purposes and for the administration of client tenants you are authorized to administer. All rights not expressly granted are reserved. These Terms do not grant you any rights to the Company’s trademarks, logos, or other proprietary information. The Company may revoke these rights at any time with or without a reason. If you are a Free Plan user, these rights may be revoked without notice.
You retain ownership of your data and Microsoft 365 tenant configuration. The Company does not claim any intellectual property rights over your organizational data.
Client Software. The Service includes a local application that the Company provides to you in human-readable Python source form (the "Client Software"). The Company makes the Client Software publicly available. The Company retains all right, title, and interest in the Client Software. All other components of the Service, including the hosted server and the Company's APIs, remain the Company's proprietary property and Confidential Information. The Client Software is provided subject to the disclaimers in Section 9 and the limitations in Section 10. The Client Software may be revoked at any time for any reason without notice. Use of the Client Software is subject to these Terms of Service, and users of the Client Software have those same rights as Free Plan users as referenced throughout this Terms of Service.
13. Data and Privacy
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. The Service does not store Microsoft Graph API response data — all data retrieved from Microsoft 365 is passed directly to your AI assistant and is not retained by the Company.
The following describes the data associated with the Service, where it is located, and how long it is retained:
| Location | Data | Retention and Deletion |
|---|---|---|
| Customer’s computer (Client Software) | Local Logs of tool activity, including the date and time of each tool call, tool inputs (such as device identifiers and usernames), the Microsoft 365 tenant identifier, and the outcome of the call. Local Logs stay on the customer’s computer and are not automatically uploaded or transmitted to the Company. | No automatic deletion schedule. Not tied to the subscription; ending a subscription or disabling a License Key does not delete them. Controlled and deleted by the customer. |
| Company licensing service (hosted on Microsoft Azure) | The License Key, sent by the Client Software to check and confirm access. Validation results may be cached, so the licensing service is not contacted for every tool call. No tool-call history or tenant identifier is sent. | Hosted Logs are retained for ninety (90) days and then deleted. |
| Stripe (billing) | Billing and subscription records and License Key metadata, kept separate from tool-call history. | Retained under Stripe’s retention practices. |
| Resend (email delivery) | The email address and the message content needed to deliver the License Key email. | Retained under Resend’s retention practices. |
| AI assistant (Claude Desktop) | The AI application calls the Service’s tools and receives the tool results, so this data is not handled solely on the customer’s computer. | Retained under the AI assistant's retention practices. |
Any Microsoft Graph response data, tenant content, message or file contents, credentials, access tokens, or other data retained by Microsoft Graph shall be separately handled by Microsoft and subject to their terms and conditions.
The Company uses the following third-party providers to operate the Service: Microsoft Azure (hosting), Stripe (payment processing and subscription and license-key records), Resend (transactional email, including License Key delivery), Cloudflare (email routing and web hosting), Google (mailbox), and Github (software download). The Company does not use cookies for tracking or advertising, does not maintain an analytics profile of your use of the Service, and does not write tenant data to persistent storage on the Company's systems. The AI assistant you use with the Service is engaged by you and not by the Company, and that provider's handling of information you submit to it, including the tool results the Service returns to it, is governed by your agreement with that provider.
Please reference the Privacy Policy, incorporated into this Terms of Service, for more detail on how your information is handled and stored.
14. Service Availability and Modifications
The Company will make reasonable efforts to maintain Service availability but does not guarantee uptime, does not commit to any service level or uptime percentage, and does not provide service credits for unavailability. Support is provided by email at support@consolesmith.com on a commercially reasonable efforts basis, and no response or resolution time is guaranteed. We reserve the right to modify, suspend, or discontinue the Service at any time, with or without notice, without liability to you.
We reserve the right to update these Terms at any time for any reason. We will provide reasonable notice of updates via email to the address associated with your License Key. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
15. Termination
We may suspend or terminate your access to the Service at any time for any reason, or for breach, which occurs if: (a) you violate these Terms; (b) you provide your License Key to unauthorized individuals or companies; or (c) we suspect fraudulent, abusive, or illegal activity.
If you are a Pro Plan user and we discontinue the Service or terminate your subscription for our own convenience rather than for your breach, we will give you at least thirty (30) days' prior notice by email where practicable and will refund the pro-rated portion of any fees you have prepaid for the period after termination. This is your sole remedy for such a termination. If you are a Free Plan user, notice of termination is not required. Free Plan users shall have no remedy in the event of cancellation or dispute over these terms, as such users are using the service provided by the Company on a no consideration basis.
You may cancel your subscription at any time through our cancellation process (contact support@consolesmith.com). Cancellation takes effect at the end of the current billing period. No refunds are issued for partial months except as provided in Section 6. Pro Plan users who cancel may still have access to the Free Plan upon the end of the ending of their subscription, subject to our discretion.
Upon termination, Pro Plan users will lose access to Pro Plan services but will continue to have access to Free Plan services.
16. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the state courts located in Marion County, Indiana, and federal courts encompassing the Southern District of Indiana. Each party irrevocably consents to the personal jurisdiction of those courts and waives any objection to venue in those courts, including any objection based on forum non conveniens. Each party knowingly and voluntarily waives any right to a trial by jury in any proceeding arising out of or related to these terms or the service. Each party may bring claims against the other only in its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. Nothing in this Section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property, License Keys, or confidential information, or to prevent unauthorized access to a Microsoft 365 tenant. In any proceeding to enforce these Terms, the prevailing party is entitled to recover its reasonable attorneys' fees and costs to the extent permitted by applicable law.
17. Severability
If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.
18. Entire Agreement
These Terms, together with our Privacy Policy and any applicable subscription plan documentation, constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements, representations, and understandings. If there is a conflict between these Terms and the Privacy Policy, these Terms control as to the subject matter of these Terms.
19. Third-Party Services and Dependencies
The Service depends on third-party services the Company does not control, including Microsoft 365, Microsoft Intune, and the Microsoft Graph API; the AI assistant you select or other software you may use in conjunction with our own; Microsoft Azure; Stripe; Cloudflare; Google; Github; and Resend; and others that we may use from time to time in our sole discretion with or without notice to yourselves. Your use of each of those services is governed by your agreement with its provider, and you are responsible for complying with those agreements, including Microsoft's terms of use and API usage policies. The Company is not liable for any act, omission, outage, throttling, rate limiting, deprecation, API change, security incident, suspension, or termination by any third-party provider, or for any resulting unavailability of or change to the Service. If a third-party provider discontinues or materially changes a service or interface on which the Service depends, the Company may modify or discontinue the affected functionality as provided in Section 14.
20. Confidentiality
User acknowledges that, in connection with this Agreement, it may receive or have access to certain non‑public, proprietary, or confidential information of Company, including without limitation: the Software, source code, object code, algorithms, methods, processes, documentation, technical data, pricing, and any other information that a reasonable person would understand to be confidential given its nature or the circumstances of disclosure (‘Confidential Information’). User shall maintain all Confidential Information in strict confidence and shall not disclose, publish, transmit, or otherwise make such information available to any third party without Company's prior written consent. User shall use Confidential Information solely as necessary to exercise its rights under this Agreement and for no other purpose.
Confidential Information does not include the Client Software described in Section 12, or any information that: (a) is or becomes publicly available other than through a breach of this Section by User; (b) User rightfully possessed, without obligation of confidence, before the Company disclosed it; (c) User rightfully receives from a third party without obligation of confidence; or (d) User independently develops without use of or reference to the Company's Confidential Information. User may disclose Confidential Information to the extent required by law, regulation, or court order, provided that User gives the Company prompt written notice where legally permitted and discloses only the portion required.
21. Feedback
If you provide suggestions, feature requests, bug reports, or other feedback about the Service, you grant the Company a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate that feedback into the Service and its other products without restriction, attribution, or compensation. You are not required to provide feedback, and you must not include in it any confidential information of yours or of any third party.
22. Export Controls, Sanctions, and International Use
The Service is provided from the United States. You represent that you are not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive U.S. sanctions, and that you are not identified on any U.S. government restricted-party list. You will not access, use, or make the Service available in violation of U.S. export control or economic sanctions laws. If you access the Service from outside the United States, you do so on your own initiative, you are responsible for compliance with the laws of your jurisdiction, and you consent to the transfer and processing of your information in the United States as described in Section 13 and the Privacy Policy.
23. Force Majeure
Neither party is liable for any delay or failure to perform, other than an obligation to pay amounts due, caused by an event beyond its reasonable control, including acts of God, natural disaster, war, terrorism, civil unrest, labor action, government action, epidemic, failure of the internet or telecommunications, denial-of-service or other cyberattack, or the failure or outage of a third-party provider identified in Section 19.
24. Assignment
You may not assign or transfer these Terms or your License Key or any right or obligation under them, by operation of law or otherwise, without the Company's prior written consent, and any attempted assignment without that consent is void. The Company may assign these Terms in whole or in part to an affiliate or in connection with a merger, reorganization, financing, or sale of all or substantially all of its assets or of the business to which these Terms relate. These Terms bind and benefit the parties' permitted successors and assigns.
25. Notices and Electronic Communications
You consent to receive notices from the Company electronically, including at the email address associated with your License Key, and you agree that electronic notices satisfy any legal requirement that a notice be in writing. Notices to the Company must be sent to support@consolesmith.com. A notice is effective on the date sent unless the sender receives an indication of non-delivery. You are responsible for keeping your email address current, and notices sent to a stale address are effective when sent. Free Plan users who do not provide contact information to the Company are not entitled to receive notices to updates of this Terms of Service, and shall be subject to any updates and adjustments to the terms contained herein. A most up to date version of our privacy policy is located on our website.
26. Survival and General Provisions
Any accrued payment obligation, and the Sections governing Account Registration and License Keys, Acceptable Use, Customer Responsibilities, Disclaimer of Warranties, Limitation of Liability, Indemnification, Intellectual Property, Data and Privacy, Governing Law and Dispute Resolution, Third-Party Services and Dependencies, Confidentiality, Feedback, Export Controls, Assignment, Notices, and this Section, survive any expiration or termination of these Terms. These Terms confer no rights on any person other than you and the Company. A party's failure or delay in enforcing a provision is not a waiver of its right to enforce that provision later, and no waiver is effective unless in writing. These Terms create no partnership, joint venture, agency, fiduciary, or employment relationship. Headings are for convenience only and do not affect interpretation. “Including” means “including without limitation.” Section references are to Sections of these Terms.
27. Contact
For questions about these Terms, contact:
ConsoleSmith LLC Email: support@consolesmith.com Website: https://ConsoleSmith.com