Grade C+ — Standard consumer terms (score 65/100)
SmartBear mandates binding arbitration, claims a perpetual license to use your name and logo in marketing, and allows for unilateral policy modifications.
Forced arbitration, perpetual marketing license, and unilateral policy changes.
the parties agree to submit claims, demands, disputes or controversies arising out of or relating to this Agreement... to arbitration conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
You are prohibited from taking the company to court and must use private arbitration instead.
The rights granted herein shall be worldwide and perpetual; provided that Customer may request that SmartBear stop the use of Promotional Materials...
They can use your name and logo in their marketing forever, even after you stop using their service.
SmartBear may revise its Policies... at any time by posting a new version on its website, and such new version will become effective on the date it is posted.
The company can change their policies at any time without sending you an email or alert.
the receiving party may use the disclosing party's Confidential Information solely... (ii) as necessary to comply with an order or subpoena of any administrative agency or court.
They will hand over your data to law enforcement or government agencies if they receive a legal demand.
Payment obligations are non-cancellable and, except as expressly permitted in this Agreement, Fees paid are non-refundable.
All sales are final and you cannot get a refund if you decide to stop using the service.
Last reviewed 2026-07-27 under rubric v3.5.