This assessment covers the linked ToS.
Grade B — Fair terms (score 76/100)
These terms govern a B2B software subscription, featuring standard indemnification and fee-shifting clauses, while disclaiming most warranties and limiting liability.
Standard B2B software terms. Includes fee-shifting and indemnification.
In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees.
This is a 'loser pays' provision, meaning if you sue and lose, you are on the hook for the company's legal bills.
Customer will indemnify, defend and hold Fleet harmless from all liability, damages, settlements, attorney fees and other costs and expenses in connection with any such Claim, as incurred.
You are required to pay for the company's legal defense and any damages if they are sued because of your content or actions.
THE TOTAL LIABILITY OF EACH PARTY... WILL NOT EXCEED, IN THE AGGREGATE, THE GREATER OF (i) ONE THOUSAND DOLLARS ($1,000), OR (ii) THE FEES PAID TO FLEET HEREUNDER IN ONE YEAR PERIOD
The company limits its financial responsibility to you to a maximum of $1,000 or the amount you paid in a year, whichever is higher.
The federal and state courts sitting in San Francisco County, California, U.S.A. will have proper and exclusive jurisdiction and venue with respect to any disputes
All legal disputes must be handled in San Francisco, California, regardless of where you are located.
Last reviewed 2026-10-22 under rubric v3.6.