4,100 words, 90 clausesupdated June 2, 2026read 23/10/2026source
·Effective as of: June 2, 2026
·Your privacy is extremely important to us. To better protect you, we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used.
·This Privacy Policy relates to information collected by Mango Technologies, Inc. DBA ClickUp (referred to in this Privacy Policy as "ClickUp" "we" or "us" or "our") through your use of our website and our Services, features, browser extensions, integrations, API, mobile or desktop applications, information available on our website or app, or when you otherwise interact with us (which are collectively referred to in this Privacy Policy as the "ClickUp Service").
·If you do not agree to our use of your personal data in line with this policy, please do not use the ClickUp Services.
·Please be aware that this Privacy Policy does not govern all the information ClickUp may process. Our commitment to customers and service providers is governed by a separate Data Protection Addendum. This Privacy Policy is also incorporated into and governed by our Terms of Use. Any capitalized words we use in this Privacy Policy that we haven't defined here will have the same meaning that they're given in our Terms of Use.
·Our commitments to employees are governed by our internal employment policies.
·In all instances we are committed to transparency with our customers, employees, and to protecting your data privacy.
·You will be required to establish an account in order to take advantage of certain features of the ClickUp Service. If you wish to establish an account you will be required to provide us with information (including personally identifiable information and non-personally identifiable information). In addition, we may obtain your personally identifiable information from you if you identify yourself to us by sending us an e-mail with questions or comments.
·Depending on your use of the ClickUp Service, we collect two types of information: personally identifiable information and non-personally identifiable information.
·Personally identifiable information identifies you or can be used to identify or contact you. Examples of personally identifiable information may include your name, IP address, company name, job title, address, e-mail address, telephone number, and billing and credit card information.
·Non-personally identifiable information is information, any single item of which, by itself, cannot be used to identify or contact you, which may include demographic information (such as age, profession, company industry, gender, current location, or zip code), IP addresses, browser types, domain names, and statistical data involving the use of the ClickUp Service. Certain non-personally identifiable information may be considered a part of your personally identifiable information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information may be considered non-personally identifiable information when they are taken alone or combined only with other non-personally identifiable information (for example, your account preferences).
·We do not sell any data, including your personal data. We will only collect and process your personal data in accordance with applicable data protection and privacy laws. We need to collect and process certain personal data in order to provide you with access to ClickUp. If you registered with us, you will have been asked to check a tick box indicating your agreement to provide this data in order to access our services. This consent provides us with the legal basis we require under applicable law to process your data. You maintain the right to withdraw such consent at any time.
·We collect information about you when you use our Services, such as browsing our websites and taking certain actions within the Services, including:
·We receive information about you from other Service users, from third party services, and from our business and channel partners.
·Under applicable data protection law (including GDPR), you have the following rights regarding your personal data:
·To exercise any of these rights, contact us at support@clickup.com or by mail to 350 Tenth Ave 5th floor, San Diego, CA 92101.
·Your data, including personal data that we collect from you, may be transferred to, stored at and processed by us and other third parties outside the country in which you reside, including, but not limited to the United States, where data protection and privacy regulations may not offer the same level of protection as in other parts of the world. By using our platform, you agree to this transfer, storing or processing subject to the terms of our Data Protection Addendum. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this policy. Except as otherwise provided in our Data Protection Addendum, your team's project and task data will never be transferred to third parties. The only data we share with third parties is for analytics, error tracking, and marketing.
·We will only retain your personal data as long as reasonably required for you to use the Site/Application(s) and/or to provide you with the Services unless a longer retention period is required or permitted by law (for example, for regulatory purposes).
·We are committed to protecting the privacy of children. The ClickUp Service is not designed for or directed to children under the age of 16. We do not collect personally identifiable information from any person we actually know is under the age of 16.
·In general, we use the information collected to provide you with a great overall experience using the ClickUp Service, to help us understand who uses the ClickUp Service, for internal operations such as operating and improving the ClickUp Service, to contact you for customer service and billing purposes, and to facilitate the delivery of our advertising in some cases.
·We use your information to send you a welcome e-mail after you create an account, when you are invited to ClickUp, or when you sign up for a demo, webinar or to receive our newsletter. We may also use your information to send other e-mail communication related to the ClickUp website and to give you the option to reactivate an inactive account. When required, we will always give you the option to unsubscribe in any email we send you.
·We may also use the information gathered to perform statistical analysis of user behavior or to evaluate and improve the ClickUp Service. We may link some of this information to personally identifiable information for internal purposes or to improve your experience with the ClickUp Service.
·Except as set forth in this Privacy Policy, the Cookie Policy, or the ClickUp Data Protection Addendum or as specifically authorized by you, we will not disclose any information to third parties outside of ClickUp.
·We may disclose your information (including personally identifiable information) if we believe in good faith that we are required to do so in order to comply with an applicable statute, regulation, rule or law, a subpoena, a search warrant, a court or regulatory order, or other valid legal process. We may disclose personally identifiable information in special circumstances when we have reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may be violating our Terms of Service, to detect fraud, or to protect the safety and/or security of our users, the ClickUp Service or the general public. We are subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).
·We also may be required to disclose an individual's personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.
·We may employ independent contractors, vendors and suppliers (collectively, "Outside Contractors") to provide specific services and products related to the ClickUp Service, such as hosting, credit card processing and fraud screening, and mailing list hosting for the ClickUp Service. In the course of providing products or services to us, these Outside Contractors may have access to information collected through the ClickUp Service, including your personally identifiable information. We require that these contractors agree to (1) protect the privacy of your personally identifiable information consistent with this Privacy Policy or the Data Protection Addendum and (2) not use or disclose your personally identifiable information for any purpose other than providing us with the products or services for which we contracted or as required by law. Please see our Data Protection Addendum for more information about subprocessors.
·We reserve the right to transfer information to a third party in the event of a sale, merger or other transfer of all or substantially all of the assets of ClickUp or any of its Corporate Affiliates (as defined herein), or that portion of ClickUp or any of its Corporate Affiliates to which the Service relates, or in the event that we discontinue our business or file a petition or have filed against us a petition in bankruptcy, reorganization or similar proceeding, provided that the third party agrees to adhere to the terms of this Privacy Policy.
·We may disclose information (including personally identifiable information) about you to our Corporate Affiliates. For purposes of this Privacy Policy, "Corporate Affiliate" means any person or entity which directly or indirectly controls, is controlled by or is under common control with ClickUp, whether by ownership or otherwise. Any information relating to you that we provide to our Corporate Affiliates will be treated by those Corporate Affiliates in accordance with the terms of this Privacy Policy.
·The ClickUp Service may provide you with access to other websites and services. Please be aware that we are not responsible for the privacy practices of any websites or services other than the ClickUp Service. We encourage you to read the privacy policies or statements of each and every such website and service. This Privacy Policy applies solely to information collected by us through the ClickUp Service.
·We take precautions to protect the security of your information. We have physical, electronic, and managerial procedures to help safeguard, prevent unauthorized access, maintain data security, and correctly use your information. However, neither people nor security systems are foolproof, including encryption systems. In addition, people can commit intentional crimes, make mistakes or fail to follow policies. If applicable law imposes any non-disclaimable duty to protect your personally identifiable information, you agree that intentional misconduct will be the standards used to measure our compliance with that duty. For more information about our policies and standards used to ensure security, please see our Security Policy.
·Personally identifiable information collected on the ClickUp Service may be transferred from time to time to our offices or personnel, or to third parties, located throughout the world, and the ClickUp Service may be viewed and hosted anywhere in the world, including countries that may not have laws of general applicability regulating the use and transfer of such data. To the fullest extent allowed by applicable law, by using the ClickUp Service and submitting such information on it, you voluntarily consent to the trans-border transfer and hosting of such information. To the fullest extent allowed by applicable law, if you are a User accessing the ClickUp Service from a jurisdiction with laws or regulations governing personal data collection, use, and disclosure that differ from those of the United States, please be advised that all aspects of the ClickUp Service are governed by the internal laws of the United States and the State of California, USA, regardless of your location.
·ClickUp complies with the California Consumer Privacy Act (referred to in this Privacy Policy as "CCPA") as amended by the California Privacy Rights Act ("CPRA") as set forth by the State of California. If the CCPA applies to your personal information this Privacy Policy provides you with information regarding how to receive information about our privacy practices, as well as request access to, and deletion of your personal information.
·ClickUp does not sell the personal information we collect. We only share your personal information as described in this Privacy Policy. For detailed information about the personal information we have collected over the last 12 months, and the categories of sources of such information, please see the "Information we collect automatically when you use the Services" and "Information we receive from other sources". We collect this information for business purposes set forth in the "What do we do with the information we Collect?". We share this information with the categories of third parties as set forth in the "When do we Disclose Information to Third Parties?" Please note that we do use third-party cookies as further set forth in the "Cookie Policy."
·California consumers may make a request pursuant to their rights under the CCPA by contacting support@clickup.com. Upon receiving a request, we will verify your request using the information associated with the ClickUp Services, including your email address. Government identification may be required. Consumer can also designate an authorized agent to exercise these rights on the consumer's behalf.
·Except as otherwise described in this Privacy Policy or in the Data Protection Addendum, we will only use personally identifiable information for the purposes described above, or as otherwise disclosed at the time we request such information from you. You must "opt in" and give us permission to use your personally identifiable information for any other purpose. You may also change your preference and "opt out" of receiving certain marketing communications from us by clicking the unsubscribe link included at the bottom of all such communications, by visiting clickup.com/remove, or by contacting us via email.
·We may send you text messages (SMS/MMS) in connection with the ClickUp Service, including account verification, security alerts, and marketing or promotional communications where you have opted in to receive them. Message frequency varies. Message and data rates may apply. Text messaging originator opt-in data and consent will not be shared with any third parties, excluding aggregators and providers of the text messaging services used to deliver such messages.
·The term "Do Not Track" refers to an HTTP header offered by certain web browsers to request that websites refrain from tracking the user. We take no action in response to Do Not Track requests.
·The rights you have to request updates or corrections to the information ClickUp collects depend on your relationship with ClickUp.
·Customers have the right to request the restriction of certain uses and disclosures of personally identifiable information as follows. You can contact us in order to (1) update or correct your personally identifiable information, (2) change your preferences with respect to communications and other information you receive from us, or (3) delete the personally identifiable information maintained about you in our systems (subject to the following paragraph), up to and including by deleting your team. Such updates, corrections, changes and deletions will have no effect on other information that we maintain, or information that we have provided to third parties in accordance with this Privacy Policy prior to such update, correction, change or deletion. To protect your privacy and security, we may take reasonable steps (such as requesting a unique password) to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times.
·You should be aware that it is not technologically possible to remove each and every record of the information you have provided to us from our system. The need to back up our systems to protect information from inadvertent loss means that a copy of in a non-erasable form that will be difficult or impossible for us to locate. Promptly after receiving your request, all personal information stored in databases we actively use, and other readily searchable media will be updated, corrected, changed or deleted, as appropriate, as soon as and to the extent reasonably and technically practicable.
·If you are an end user in a Workspace not owned by you and wish to update, delete, or receive any information we have about you, you may do so by contacting the organization who owns your ClickUp Workspace.
·We may revise this Privacy Policy from time to time. We will not make changes that result in significant additional uses or disclosures of your personally identifiable information without notifying you of such changes via email. We may also make non-significant changes to this Privacy Policy that generally will not significantly affect our use of your personally identifiable information, for which an email is not required. We encourage you to check this page periodically for any changes. If any non-significant changes to this Privacy Policy are unacceptable to you, you must immediately contact us and, stop using the ClickUp Service until the issue is resolved. Your continued use of the ClickUp Service following the posting of non-significant changes to this Privacy Policy constitutes your acceptance of those changes.
·If you have any questions or comments about this Privacy Policy or feel that we are not abiding by the terms of this Privacy Policy, please contact our Privacy Agent in any of the following ways:
·By email: support@clickup.com By postal mail or courier: ATTN: Privacy Agent ClickUp 350 Tenth Ave 5th floor San Diego, CA 92101
·Subject to the next paragraph, we ask that you not send or disclose to us any sensitive personal data (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the ClickUp Services or otherwise.
·If you send or disclose any sensitive personal data to us when you submit user generated content to the ClickUp Services, you consent to our processing and use of such sensitive personal data in accordance with this policy. If you do not consent to our processing and use of such sensitive personal data, you must not submit such user generated content to our platform.
·By using the ClickUp Service, you signify your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, you should not use the ClickUp Service. Continued use of the ClickUp Service following the posting of changes to this Privacy Policy that do not significantly affect the use or disclosure of your personally identifiable information will mean that you accept those changes.
6,361 words, 105 clausesno date on the pageread 23/10/2026source
·These Terms of Service ("Terms") and all Policies listed on clickup.com/terms govern and apply to your use of the free and paid services, software and websites (the "Service") provided by Mango Technologies, Inc. DBA ClickUp ("ClickUp", "we", "our", etc.), and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links, created tasks and associated information, text, files and other content or materials (together, the "Content") uploaded, downloaded, or appearing on our websites or applications.
·Our Privacy Policy explains the way we collect and use your information. By using the Service, you agree to be bound by these Terms and our Privacy Policy. If you're using our Service on behalf of an organization or entity ("Organization"), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, "you" and "your" refers to that Organization.
·Our Terms and Privacy Policy affect your legal rights and obligations. If you do not agree to be bound by all of these, do not access or use our Service.
·ARBITRATION NOTICE: UNLESS YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
·It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent 1:
·We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, we will also terminate a user's account if the user is determined to be a repeat infringer.
·Our Copyright Agent for Notice of claims of copyright infringement on the Site is Chase Neely, who can be reached as follows: platform@clickup.com
·THE SERVICE, INCLUDING, WITHOUT LIMITATION, OUR CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER WE NOR ANY OF OUR EMPLOYEES, MANAGERS, OFFICERS, CONTRACTORS, SUPPLIERS, LICENSORS, OR AGENTS (COLLECTIVELY, THE "CLICKUP PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) OUR CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO US OR VIA THE SERVICE. IN ADDITION, THE CLICKUP PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
·THE CLICKUP PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES AND SECURITY BREACHES OF ANY KIND. THE CLICKUP PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE CLICKUP PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE CLICKUP PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.
·BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
·THE CLICKUP PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY, OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
·ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY OF OUR SITES OR SERVICE IS A VIOLATION OF OUR POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
·WITHOUT LIMITING ANY OTHER REMEDIES, WE MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR WE SUSPECT THAT YOU ARE, FAILING TO COMPLY WITH ANY TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR ACCOUNT AND ANY USER CONTENT AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS, AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND WE ARE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
·WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND, OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR SERVICES AND SITES, AND THEIR CONTENT, AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
·We reserve the right to stop offering and/or supporting the Service or a particular part of the Service at any time either permanently or temporarily. In such event, we shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Service.
·UNDER NO CIRCUMSTANCES WILL THE CLICKUP PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) OUR CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE CLICKUP PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE CLICKUP PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE CLICKUP PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE CLICKUP PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
·YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES, OR INJURIES THAT ARISE OUT OF OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT, OR OTHER CONTENT OWNED OR CONTROLLED BY THE CLICKUP PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION, OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE CLICKUP PARTIES.
·BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
·WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE THE CLICKUP PARTIES FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
·You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at our request), indemnify, and hold the ClickUp Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf):
·You will cooperate as fully required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent. Notwithstanding the foregoing, you agree that the cost of any such defense will be at your sole and exclusive expense.
·Except if you opt-out or for disputes relating to your or our intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents ("Excluded Disputes"), you agree that all disputes between you and us (whether or not such dispute involves a third party) with regard to your relationship with us, including without limitation disputes related to these Terms, your use of the Service, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and we hereby expressly waive trial by jury. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought by a private attorney, in a general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.
·You may opt out of this agreement to arbitrate, as specified above. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:
·Mango Technologies, Inc. ATTN: Privacy Agent ClickUp 350 Tenth Ave 5th floor San Diego, CA 92101
·You must include your name and residence address, the phone number and username that you use for your account, and a clear statement that you want to opt out of this arbitration agreement.
·If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
·You agree that any claim you may have arising out of or related to your relationship with us must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
·These Terms are governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of these Terms, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with us exclusively in a state or federal court located in San Diego, CA, and to submit to the personal jurisdiction of the courts located in San Diego County for the purpose of litigating all such disputes.
·We may terminate this Agreement at any time, with or without notice, for any reason.
·If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Our failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.
·If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms constitute the entire agreement between you and us and governs your use of the Service, superseding any prior agreements between you and us. You will not assign the Terms or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any purported assignment or delegation by you without our appropriate prior written consent will be null and void. We may assign these Terms or any rights hereunder without your consent and the Terms will inure to the benefit of and be enforceable by our successor. Neither the course of conduct between the parties nor trade practice will act to modify the Terms. These Terms do not confer any third-party beneficiary rights.
·The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide.
·Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported, or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
·These Terms of Use were written in English (US). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.