Squarespace

Severity 5 · egregious

“When you provide User Content via the Services, you grant Squarespace (including our third party hosting providers acting on our behalf) a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with the Services), communicate, publish, publicly display, publicly perform and distribute User Content for the limited purposes of allowing us to provide, improve, promote and protect the Services.”

Squarespace can use your content to improve their services, create new ones, and promote them, with no end date or payment to you.

Anything you put on Squarespace, including sensitive data, can be used by them to train their AI and develop new products.

Matches Authors Guild v. OpenAI (2023)

Severity 3 · notable

“To ensure uninterrupted service, we'll automatically bill you for certain Paid Services from the date you submit your initial payment and on each renewal period or amount afterwards until cancellation. Your renewal period will be equal in time or amount to the renewal period of your current subscription. For example, if you're on a monthly subscription plan, each billable renewal period will be for one (1) month. We’ll automatically charge you the applicable amount using the payment method you have on file with us and by agreeing to this Agreement, you authorize us to do this.”

Squarespace automatically renews your subscription and charges you using your saved payment method unless you cancel.

You'll be charged for another subscription term if you forget to cancel, even if you no longer need the service.

Matches FTC v. Amazon (Iliad Flow / Prime Enrollment) (2023)

Severity 3 · notable

“We may change our fees at any time. We’ll provide you with advance notice of these fee changes via the Services. New fees will not apply retroactively. If you don't agree with the fee changes, you have the right to reject the change by canceling the applicable Paid Service before your next payment date.”

Squarespace can change their prices at any time, but they will notify you before the new prices take effect.

You might have to pay more for your subscription if you don't cancel before the next billing cycle after a price increase.

Matches FTC v. MoviePass / Helios and Matheson Analytics (2021)

Severity 3 · notable

“We reserve the right to change, suspend or discontinue, or terminate, restrict or disable your use of or access to, parts or all of the Services or their functionality at any time at our sole discretion and without notice. For example, we may suspend or terminate your use of part or all of the Services if you violate these Terms or our Acceptable Use Policy. We will endeavor to provide you reasonable notice upon suspending or terminating part or all of the Services.”

Squarespace can stop or restrict your access to their services at any time without notice.

Your website or services could be taken down unexpectedly, potentially disrupting your business.

Matches PayPal Account Hold / Freeze Class Action — settled for $4M (2021)

Severity 4 · material

“Unless you are an EU Consumer, you acknowledge and agree that to the fullest extent permitted by applicable law, in no event will Squarespace and its affiliates and its and their directors, officers, employees and agents be liable with respect to any claims arising out of or related to the Services or this Agreement for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses; (c) any Losses (as defined below) related to your access to, use of or inability to access or use parts, some or all of your Account, Your Sites or parts or all of the Services, including without limitation interruption of use or cessation or modification of any aspect of the Services; (d) any Losses related to unavailability, degradation, loss, corruption, theft, unauthorized access or, unauthorized alteration of, any content, information or data, including without limitation User Content and Your eCommerce data; (e) any User Content or other conduct or content of any user, End User or other third party using the Services, including without limitation defamatory, offensive or unlawful conduct or content; or (f) any Third Party Services or third party sites accessed via the Services.”

Squarespace and its affiliates are not liable for indirect, special, incidental, punitive, or consequential damages, or loss of profits, revenue, data, or goodwill.

If Squarespace causes a major data breach or service outage, they won't pay for your lost revenue or reputational damage.

Matches Capital One Data Breach Class Action — settled for $190M (2022)

Severity 3 · notable

“To the fullest extent permitted by applicable law (whether or not you are an EU Consumer), in no event shall the aggregate liability of Squarespace for all claims arising out of or related to the Services and this Agreement exceed the greater of twenty US dollars ($20) or the amounts paid by you to Squarespace in the twelve (12) months immediately preceding the event that gave rise to such claim.”

Squarespace's total liability for any claims related to their services is capped at $20 or your payments over the last 12 months, whichever is greater.

If Squarespace causes significant financial harm, your ability to recover damages is severely limited.

Matches Capital One Data Breach Class Action — settled for $190M (2022)

Severity 4 · material

“To the fullest extent permitted by law, you agree to indemnify and hold harmless Squarespace and its affiliates and its and their directors, officers, employees and agents from and against all damages, losses, liabilities, costs, claims, demands, fines, awards and expenses of any kind (including without limitation reasonable attorneys' fees and costs) (collectively, "Losses") arising out of or related to: (a) your breach of this Agreement; (b) your User Content (including your End User Data), Your Sites and Your eCommerce; (c) any claims by, on behalf of or against your End Users; (d) your violation of any law or regulation or the rights or good name of any third party; and (e) any claims from tax authorities in any country in relation to Your eCommerce operations, including without limitation your sales to individual consumers (including distance sales) and other operations for which Squarespace may be held jointly and severally liable.”

You must defend Squarespace against any claims or damages arising from your content, your sites, your end users, or your violation of laws.

You could be responsible for paying legal fees and damages if someone sues Squarespace because of your website or actions.

Matches T-Mobile Data Breach Settlement — settled for $350M (2022)

Severity 4 · material

“We reserve the right to change, suspend or discontinue, or terminate, restrict or disable your use of or access to, parts or all of the Services or their functionality at any time at our sole discretion and without notice.”

Squarespace can change, suspend, or disable your access to their services or their features at any time without notice.

Your website or essential features could be turned off without warning, impacting your ability to operate.

Matches X Corp. Verified User Class Action (2024)

Severity 4 · material

“We may modify this Agreement from time to time, and will post the most current version on our site. If a modification meaningfully reduces your rights, we’ll notify you (by, for example, sending you an email or displaying a prominent notice within the Services). The notice may designate a reasonable period after which the new terms will take effect. Modifications will not apply retroactively.”

Squarespace can change the terms of this agreement, and they will notify you if the changes significantly reduce your rights.

You might agree to new terms that limit your rights, and you need to watch for notifications to avoid being bound by them.

Matches Italian DPA (Garante) v. WhatsApp — settled for $6M (2022)

Severity 3 · notable

“You agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third Party Services. We’re not liable for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses, or business disruption, costs or expenses you may incur or otherwise experience as a result (except where prohibited by applicable law).”

Squarespace can suspend or remove any third-party services you use through their platform at any time without notice.

Essential tools or integrations you rely on could be removed without warning, disrupting your workflow.

Matches X Corp. Verified User Class Action (2024)