Service and Support Service Terms

Last updated: 14 March 2025

These service and support service terms (hereinafter referred to as the “S&SST”) apply when the Customer (as defined below) has accepted and agreed to either the End-User License Agreement (“EULA”) or the SaaS Software License Agreement (“SaaS”), collectively referred to as the “Software Solution Terms” in reference to the applicable agreement, with WiseFish ehf., reg. no. 461221-0330, Katrínartún 4, 105 Reykjavík, Iceland, VAT no. 147396 (hereinafter the “Company”) or its authorized partner for using the agreed Software Solution in the EULA or SaaS (as defined therein) (the Company and the Customer collectively, the “Parties” and individually, the “Party”). 

These S&SST govern the work performed by the Company for the Customer and the applicable Software Solution Terms.  

By agreeing to the applicable Software Solution Terms and subscribing to the Software Solution the Customer is bound by these S&SST. 

The Customer acknowledges and agrees that the Support Plan and the SOW (as defined in Articles 1.1.11 and 1.1.17) are to be considered an integral part of the S&SST and shall be read concurrently with the S&SST. In the event of a conflict between these S&SST, subsequent amendments, the SOW or the Support Plan, the subsequent amendments shall take precedence and over the S&SST and its prior SOW and Support Plan. The SOW and the Support Plan shall then take precedence over the S&SST and its prior subsequent amendments. 

The Customer acknowledges and agrees that these S&SST, together with, all documents, terms and agreements on the Company’s legal center, available on the Company’s website (the “Legal Center”), the applicable and valid Microsoft terms thereto and other third-party terms or agreements, with other agreements made between the Parties (the “Other Agreements”) (the Software Solution Terms, the Legal Center and Other Agreements together referred to as the “Schedules”) constitute the overall contractual relationship between the Parties. 

The Customer confirms that he has read and agreed to the Schedules which shall apply in instances where these S&SST are otherwise silent. In the event of any conflict or inconsistency between articles of these S&SST and the Schedules, the articles of these S&SST shall prevail.   

1. Definitions

1.1. Defined terms and acronyms with capital letters will have the meaning defined under these S&SST and the Schedules. If defined terms and acronyms conflict between these S&SST and the Schedules, the defined terms and acronyms of these S&SST shall take precedence. Definitions apply whether mentioned in singular or plural forms. Below is the agreed meaning of specific terms:

1.1.1 “Customer” shall mean the legal entity that Subscribed to the Software Solution and has accepted these S&SST. 

1.1.2 “Customer Representative” shall mean a suitably qualified person nominated by the Customer to be the point of contact in relation to the Support Services and specified in the Support Plan. 

1.1.3 “Deliverable Items” shall mean literary works of authorship such as programs, program listings, programming tools, documentation, reports, drawings, etc., identified in a SOW, and other deliverable items, if any, to be delivered to the Customer under these S&SST. Deliverable Items are identified in a SOW. Deliverable Items do not include any of the Company’s or third-party programs which are licensed by the Company or a third-party under standard license agreements. 

1.1.4 “Project” shall mean the activities or Services performed under a SOW as part of these S&SST.

1.1.5 “Project Schedule” shall mean the timeline outlining key milestones, deliverables, deadlines, and dependencies for the execution of the Project as set forth in the SOW. The Project Schedule may be updated as necessary upon mutual agreement between the Parties or as stated in these S&SST.

1.1.6 “Project Schedule” shall mean the timeline outlining key milestones, deliverables, deadlines, and dependencies for the execution of the Project as set forth in the SOW. The Project Schedule may be updated as necessary upon mutual agreement between the Parties or as stated in these S&SST.

1.1.7 “Response Time" shall mean the time it takes for the Company’s employee to begin review and classification on a specific Support Request, measured from the time when the Company receives that Support Request, according to the procedures described in the Support Plan.  

1.1.8 “Services” shall mean any services provided by the Company under these S&SST, including but not limited to, Project-related services, services under any SOW, programming, consulting, education, and/or Support Services.

1.1.8 “Service Fee” shall mean the compensation payable by the Customer to the Company for the Services rendered, as specified in these S&SST or the relevant SOW. 

1.1.9 “Support Fee” shall mean the compensation payable by the Customer to the Company for the Support Services rendered, as specified in these S&SST or the relevant Support Plan.  

1.1.10 “Support Hours” shall mean the hours specified in the Support Plan during which the helpdesk facility is available. 

1.1.11 “Support Plan” or “Plan” shall mean the plan agreed upon by the Parties, specifying the scope, level, and contact details for the Support Services provided under these S&SST. The Support Plan is to become an integral part of this S&SST. 

1.1.12 “Support Request” shall mean each communication by the Customer to the Company requesting the Support Services which is deemed a new issue, in the Company’s sole discretion. Work on a Support Request can fall both within and outside the scope of the Support Plan, depending on the nature of the request. 

1.1.13 “Support Services” shall mean the support and maintenance services provided by the Company under these S&SST, as outlined in the applicable Support Plan. 

1.1.14 “Support Month” shall mean a 1-month period of support; the first such period starts on the Support Start Date. Subsequently each Support Month starts on the same day of a month and ends on the day before the following Support Month starts. There are 12 Support Months in a year. 

1.1.15 “Support Start Date” shall mean the date when the Supported Software goes live in accordance with the Go-Live Phase, as defined in the applicable SOW. 

1.1.16 “Supported Software” shall mean the Software Solution described and defined in the applicable Software Solution Terms and/or the Support Plan. 

1.1.17 “Statement of Work” or “SOW(s)” shall mean the document specifying the scope of the Services and the Deliverable Items to be provided by the Company under these S&SST. Each SOW will define the tasks, Deliverable Items, estimated schedule, fees, and applicable specifications and establish a completion procedure. Each SOW is to become an integral part of this S&SST.  

1.1.18 “Techniques and Component Elements” shall mean any data, ideas, modules, components, designs, utilities, interfaces, templates, subroutines, concepts, analyses, methods, techniques, algorithms, formulas, technical information, know-how, and specifications used, developed, or refined by the Company. The Techniques and Component Elements may originate from the Company’s prior engagements or during the Project.  

2. Scope of the Services 

2.1. The Customer has agreed to acquire, and the Company has agreed to furnish the Services and Deliverable Items under any applicable SOW.

3. The Customer responsibilities regarding the Services

3.1 The Customer will provide the Company full and free access to its premises and to its relevant staff, if requested, for performing the Services as specified in the relevant SOW.

3.2 The Customer will provide the Company with any information and data identified and requested in that SOW on the dates and at the locations stated.

3.3 The Customer agrees that the Company may revise the Project Schedule arising from any delay in the Project Schedule caused by the Customer. 

3.4 The Company’s responsibilities under these S&SST are conditional upon the fulfilment by the Customer of its responsibilities as specified in these S&SST and incorporated documentation, including the SOW.

3.5 When any of the Services performed by the Company includes the use by the Company of any premises, hardware, software, and other items provided by the Customer, the Customer warrants that:

3.5.1 it has all necessary permissions, express or otherwise, to enable such premises to be altered and such items to be moved, used, copied, or distributed during the Project without infringing any third-party rights;

3.5.2 the Company will not be infringing the rights of any third-party by performing the Services; and  

3.5.3 the disclosure or use of such items during the Project will not involve breach of any confidential or contractual obligations.

The Customer agrees to indemnify the Company against all claims, proceedings, liabilities, costs, or damages arising from any infringement of any rights under this Article 3.5 or disclosure or use of such items. 

4. Payment for the Services

4.1 The Customer shall pay the Service Fee charged on a time and material basis in accordance with the Company’s pricelist, or as specified in the SOW. 

4.2 If the Service is performed outside the Support Hours, the Service Fee shall be subject to the following surcharges: 

4.2.1 A 20% surcharge on the hourly rate for Services rendered between 17:00 and 22:00 GMT on weekdays. 

4.2.2 A 50% surcharge on the hourly rate for Services rendered on weekends, public holidays in Iceland and between 22:00 and 08:00 GMT on weekdays. 

5. Changes of the SOW 

5.1 Either Party may request a change to a relevant SOW. All such requests will be submitted in writing. The Company will prepare a written change request (“Change Request Form”) which shall describe the requested change and set forth any modifications to the terms of the applicable SOW. Any change to a relevant SOW may result in, for example, a change in the work schedule or charges.  

5.2 The changes will come into effect when the Parties have signed the Change Request Form. The Change Request Form shall modify and take precedence over any inconsistent terms of the applicable SOW or any previous Change Request Form(s). 

6. Ownership and License of Deliverable Items

6.1 Subject to payment of applicable fees and other charges under the SOW and these S&SST, the Customer is granted a non-exclusive, non-transferable, revocable, and limited right to use as provided solely for the Customer’s own internal operations, while the Customer has an active Subscription to the Software Solution. This limited right does not transfer, assign, or alter the ownership of the Deliverable Items, which shall remain the sole and exclusive property of the Company.  

6.2 The Customer shall not copy, modify, distribute, sub-license, reverse engineer, or otherwise exploit the Deliverable Items except as expressly permitted by the Company in writing. Any unauthorized use shall constitute a material breach of these S&SST. 

6.3 All rights, titles, and interest in and to the Deliverable Items, including all associated intellectual property rights, remain with the Company or, in the case of third-party materials, with the applicable third party. This includes, without limitation, all copyrights, source code, object code, documentation, updates, modifications, enhancements, adaptations, and derivative works, whether existing now or developed in the future. The Customer acknowledges that any updates or additions provided by the Company shall remain subject to these S&SST. 

6.4 The Customer acknowledges that the Company has set its fees and charges based upon the Company’s understanding that the Customer will use the Deliverable Items solely for its own internal operations (including those of its majority owned subsidiaries) and not for commercial distribution.  

6.5 The Deliverable Items may incorporate or be developed using Techniques and Component Elements. The Customer acknowledges that these elements allow the Company to perform the Services more efficiently and cost-effectively, and the Service Fees reflect this approach. The Customer agrees that the Company retains full ownership of the Techniques and Component Elements, including all rights, title, and interest. This ownership extends to the right to use, modify, and incorporate the Techniques and Component Elements into future engagements, irrespective of whether they are included in the Deliverable Items, form part of the Project, or are utilized in the performance of the Services. The Company reserves the right to develop, use, and provide the Techniques and Component Elements in subsequent projects or as part of the Company’s products and services for other customers.  

6.6 Deliverable Items do not include, and the Customer must separately acquire, any necessary and required software which is commercially distributed and/or licensed separately by a third party. Unless the Company, the appropriate re-seller or a partner, has acquired relevant licenses on behalf of the Customer. 

6.7 Ownership of copyrights in Customer-supplied materials shall remain with the Customer or, if owned by a third party, with the respective third party.  

7. Limited Warranty of the Services 

7.1 The Company warrants that it will perform the Services: 

7.3.1 using reasonable care and skill; 

7.3.2 in accordance with industry practice and standards generally applicable to such services; and  

7.3.3 according to its current description contained in these S&SST or relevant SOW. 

7.2. The Customer must provide written notice of any alleged nonconformity in the Services within thirty (30) days of completion of the relevant portion of the Services. If the Company determines that the Services do not meet the agreed warranty, the Company, at its sole discretion, will either re-perform the nonconforming portion or issue a refund for the corresponding invoice amount, i.e. the amount paid for that portion of the Services. This shall be the Customer’s sole remedy and the Company’s sole obligation for any warranty claims. 

8. Term and Termination of the Services 

8.1 The term of the Services is the period commencing on the date of the Customer signing the relevant SOW and shall continue until its expires or is terminated under this Article 8 or Article 18.  

8.2 The Company may terminate the Services by providing at least thirty (30) days written notice to the Customer.

8.3 The Customer agrees to pay the Company for all the Services and Deliverable Items provided, furnished, developed, or otherwise prepared through the termination of all tasks for the Project. 

9. The Scope of the Support Services

9.1 The Support Services are only those described in this Article 9 and are subject to the exclusions in Article 10.  

9.2. The Support Service is intended to assist the Customer when problems arise in the day-to-day running of the Supported Software after implementation.

9.3. The Support Services comprise of a helpdesk facility that can be accessed via phone, email, or service portal, as specified in the Support Plan. The contact details may be changed from time to time, in which case the Company will notify the Customer of such changes. 

9.4 The Supported Software covered by these S&SST is described and defined in the Support Plan or the relevant Software Solution Terms. Any changes to the Customers’ software license, automatically affects the Supported Software, the Support Plan and the value of the Supported Software. 

9.5 Support Requests are only accepted from the Customer Representatives, as specified in the Support Plan. 

9.6 Support Services are available during specified Support Hours in the Support Plan. The Company ensures that qualified staff are on hand during these hours. Staff will prioritize Support Requests based on their severity, outlined in the Support Plan, and will reasonably attempt to address and fix issues with the Supported Software reported by the Customer Representatives. 

9.7 Response Times may depend on the Customer providing necessary information with their Support Request, the Response Time may therefore be delayed if the Customer does not provide the necessary information. 

9.8 If the Company does not process requests within the appropriate Response Time, the Customer can request escalation of the request by contacting their contact person at the Company. 

9.9 To facilitate the Support Services, it is preferred to have remote access to the Customer's database. The Company reserves the right to request an up-to-date copy of the Customer’s database in order to provide the requested support. 

9.10 The Customer agrees to have an active Upgrade Plan in order to be eligible to receive Support Services. 

9.11 If any Support Services, provided under these S&SST, includes that the Company makes and/or delivers software and/or software tools (“Corrections”) to the Customer, all copyright and other intellectual property rights of such Corrections are the property of the Company as stated in the applicable Software Solution Terms and may only be used by the Customer in accordance with the terms of the applicable Software Solution Terms. 

10. Not included in the Support Services 

10.1 The Support Services do not include training, working with the Customer data (such as adjusting master data, data recovery, data transfer), booking, testing, configuring the Customer’s hardware, upgrades, relocation, consultancy services, or any work required to restore or rebuild the Customer’s data files or the Supported Software due to causes not directly caused by the Company. 

10.2 The Company is not obligated to provide the Support Services related to issues from misuse of the Supported Software, defects in hardware, defects in other software, untrained use of the Supported Software, or any breach of the Customer’s obligations under these S&SST. 

10.3 The Company’s obligation to provide the Support Services is limited to the latest versions of the Software Solution and one immediately prior version.  

10.4 The Company may cease providing the Support Services and terminate these S&SST if unauthorized modifications are made to the Supported Software. 

11. Customer Responsibilities regarding the Support services 

11.1 In order for the Company to fulfil their obligations according to the Support Services, the Customer shall: 

11.1.1 Comply with any reasonable instructions that the Company gives the Customer relating to the use of the Supported Software.

11.1.2 Provide, free of charge, suitable remote access to the Supported Software and respective database as it was Setup for the Customer, its terminals and PCs as may be reasonably requested during the Support Hours or as otherwise agreed.

11.1.3 Provide, free of charge, an up-to-date copy of the Customer’s database in order to provide the requested support. 

11.1.4 Ensure that the Supported Software is only used by Users that have been trained to use it (or persons under their supervision), and who have the proper software and hardware to run it. 

11.1.5 Use reasonable endeavors to provide such further information relating to the reported problem as is available to the Customer and which the Company may reasonably request in order to perform its obligations under these S&SST. 

11.1.6 Promptly notify the Company when changing the Customer Representatives. 

11.2 The Customer is responsible for any defects or deviations that may appear in a software on users’ terminals.

11.3 The Customer shall ensure that his software and hardware is:    

11.3.1 free from viruses, trojan horses or other malicious software or code that has harmful properties;  

11.3.2 in an approved form; and  

11.3.3 cannot, in one way or another, damage or adversely affect the Supported Software or the Support Services.

12. Payment of the Support Fee 

12.1 The Support Fee payable by the Customer is a percentage of the then current value of the Supported Software as described in the Support Plan. Any changes to the Customer’s License automatically affect the value of the Supported Software. The Support Fee is due monthly in advance, regardless of the use of the Support Services. 

12.2. In addition, the Customer is billed monthly for work performed, in line with the Company’s pricelist. The Company may change its pricelist by giving the Customer at least 30 days’ notice. If any work is performed outside of the Company’s premises, e.g., at the Customer’s facilities, all related costs and expenses are charged to the Customer, as per the general terms and conditions set out in the Legal Center. 

12.3 If the Support Services are performed outside the Support Hours, the Support Fee shall be subject to the following surcharges:  

12.3.1 A 20% surcharge on the hourly rate for Support Services rendered between 17:00 and 22:00 GMT on weekdays.

11.3.2 A 50% surcharge on the hourly rate for Support Services rendered on weekends, public holidays in Iceland and between 22:00 and 08:00 GMT on weekdays. 

13. Term and Termination of the Support services 

13.1 The term of the Support Service will come into effect on the Support Start Date. It will then continue in perpetuity, or until terminated in accordance with this Article 13 or Article 18 of these S&SST. 

13.2 The Company may terminate the Support Services by giving not less than three (3) months’ notice in writing. Such notice starts on the first day of the Support Month following the day of the notice and expires on the last day of the third Support Month following the notice. 

14. Limited Warranty of the Support Services 

14.1 The Company warrants that it will perform the Support Services: 

14.1.1 using reasonable care and skill; and 

14.1.2 according to its current description contained in the Support Plan and these S&SST. 

15. Fees under these S&SST 

15.1 Invoices for the Services Fee and the Support Fee shall be issued on the last day of every calendar month, payable within 20 days (the “Due Date”). In the event a valid invoice is not paid on the Due Date, the Customer must pay default interest at a rate of 1.5% per month on any overdue balance.  

15.2 Timely payment of the Service Fee, the Support Fee and invoiced hours by the Customer is a prerequisite for the Company’s obligation to provide continuous Services, including any applicable Support Services.

15.3 All sums payable under these S&SST are exclusive of any value-added tax or other applicable taxes or duties, for which the Customer shall be additionally liable. 

15.4 Payment terms are further outlined in the SOW, the Support Plan, the relevant invoices, or in the Company’s general terms and conditions available in the Legal Center.

16. Data Protection 

16.1 Insofar as the Services, including the Support Services, provided by the Company to the Customer may be considered processing of personal information by the Company on behalf of the Customer in the context of Act No. 90/2018 on Data Protection and the Processing of Personal Data (the “Data Protection Act”), and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (“GDPR”), the Company may require the Customer to agree and finalize a Data Processing Agreement governing such processing as required by article 25 of the Data Protection Act and article 28 of GDPR. 

16.2 Regarding the Company’s processing of personal data, a reference is made to the Company’s Privacy Policy, which can be found on the Legal Center. 

17. Confidential information 

17.1 Neither Party may disclose the Confidential Information of the other Party and agrees to protect the Confidential Information and use it solely for the purposes of these S&SST. The Receiving Party shall use the same degree of care as it uses to protect its own Confidential Information and with no less of a reasonable degree of care to maintain the Confidential Information of the Disclosing Party.  

17.2 The foregoing obligations shall not apply to any information stated under point (a)-(d) of article 2.1.2 of the applicable Software Solution Terms.  

17.3 The provisions of this Article 17 shall not limit any of the rights of the Parties, including the rights as set forth in Article 6. 

18. Term and Termination of these S&SST 

18.1 These S&SST apply to the Customer during the relevant term. 

18.2 The Parties may terminate these S&SST without notice: 

18.2.1 due to Material Breach of these S&SST, the SOW, the Support Plan or the Schedules, and the Party in breach has not, within thirty (30) days from receiving a written notice of the cause and a possible termination, remedied the failure;

18.2.2 either Party becomes insolvent or is authorized to seek a composition agreement; or 

18.2.3 violates any applicable laws or regulations related to the use of the Software Solution or these S&SST. 

18.3 The Party which terminates these S&SST due to Article 18.2, in the notification to that effect, specifies the date on which the termination takes effect, which shall not be later than three (3) months from the date on which such termination notice is sent. Notice of termination due to default shall be in writing so that it is considered valid.  

18.4 The Company may at any time, without notice and compensation, terminate an agreement with the Customer due to a breach of contractual obligations by the Customer, unless otherwise stated in these S&SST, the SOW, the Support Plan, Schedules, or legislation. If the Company is in business with the Customer on the basis of more than one agreement or terms, a breach or termination by either party of one of the agreements or terms grants the Company the right to terminate all current agreements and terms with the Customer. 

18.5 If the Customer fails to meet any of its obligations under these S&SST or becomes directly or indirectly involved, in the design, development, manufacture and/or distribution of any products which compete directly or indirectly with the Software Solution the Company may terminate the Services and the Support Services with immediate effect by providing a written notice and is then not obligated to complete the Services, the Support Services or tasks subject to the Projects. 

18.6 In the event of any termination or expiration of these S&SST, the rights and obligations of the Parties which are intended to survive termination shall so survive, including Articles 4, 6, 7, 12, 14, 17, 19, 20, 22, and 21. 

19. Limited Warranty 

19.1 Each Party warrants to the other that it has full power and authority to enter into these S&SST, the SOW, the Support Plan and Schedules to perform its obligations in accordance with those terms.

19.2 The Deliverable Items, Techniques and Component Elements, Services and the Support Services are provided “as is”, without any warranties of uninterrupted, defect-free, or error-free operation. The Company does not guarantee that all defects will be corrected. The Company further does not warrant that the Software Solution or its servers are free from viruses or other harmful components. 

19.3 The Company has no obligation to the Customer regarding any claim arising from unauthorized use on the Support Services, the Services, Deliverable Items or Techniques and Component Elements. 

19.4 All warranties under these S&SST, including Article 7, 14, and 19, are the Company’s exclusive and only warranties regarding the Service and replace all other warranties or conditions under these S&SST, the Schedules expressed or implied, including, but not limited to, the implied warranties or conditions of merchantability and fitness for a particular purpose. 

20. Limitation of Liability 

20.1 The Customer agrees, without exception, not to claim compensation from the Company or to hold the Company liable in any way, for any loss, cost, damage or fine that may result, directly or indirectly, from the Services under these S&SST. 

20.2 In no event shall the Company be liable to the Customer and/or a third-party for any direct or indirect cost, loss, fine, expenses, damages or damage to revenues, profits or goodwill, or other special or incidental, indirect or consequential damages of any kind, resulting from its performance or failure to perform any obligation under these S&SST, or resulting from the furnishing, performance, use or loss of use of any part of the Deliverable Items, software or any data, information or other property of the Customer, including without limitation, any interruption of the Customer’s business, regardless of negligence or other fault, whether resulting from breach of contract or breach of warranty, even if the Company was aware, or had been advised of, the possibility of such damages.  

20.3 Notwithstanding anything to the contrary in these S&SST, the maximum aggregate damages for which the Company may be liable to the Customer under these S&SST, the SOW or the Support Plan, resulting from any cause whatsoever, shall be limited the total amount of what actually was paid by the Customer to the Company for the relevant service under these S&SST during the previous 12 months.  

20.3.1 For example, if the damages arise from a specific SOW, the damages shall be limited to the total amounts of that SOW during the previous 12 months. The same applies to damages related to the Support Plan.  

21. Miscellaneous 

21.1 Nothing in these S&SST will prevent the Company from providing or developing for other customers similar Services, Support Services, Deliverable Items and Techniques and Component Elements or restrict the Company in its use or reassignment of personnel who perform under these S&SST. 

21.2 The Company is an independent contractor. Nothing in these S&SST, any SOW or Support Plan shall be construed to create an employment or partnership relationship between the Parties, whether for tax or any other purpose.  or any data, information or other property of the Customer, including without limitation, any interruption of the Customer’s business, regardless of negligence or other fault, whether resulting from breach of contract or breach of warranty, even if the Company was aware, or had been advised of, the possibility of such damages. 

21.3 The Company may assign all or any part of these S&SST, a SOW and a Support Plan to a third party, provided that the Customer is notified thereof. The Customer may not assign all or any part of these S&SST, a SOW and a Support Plan without the prior consent of the Company.  

21.4 If any provision hereof is determined by a competent tribunal to be illegal or unenforceable, it shall be deemed modified to the minimum extent required by law while preserving its intent, and all remaining provisions shall continue in full force and effect. 

21.5 The Company reserves the right to amend and modify these S&SST, providing at least thirty (30) days’ notice via the Company’s website, email to the Customer, or a notification within the Software Solution. By continuing to use the Service after the amendments take effect, the Customer agrees to be bound by the updated terms.  

22. Governing Law - Jurisdiction  

22.1 These S&SST are governed by the law of Iceland. 

22.2 In the event of a dispute between the Parties, that cannot be resolved, shall solely be resolved by the District Court of Reykjavik. 

22.3 Notwithstanding the foregoing, the Company reserves the right to seek and obtain injunctive relief, whether in the form of a temporary restraining order, preliminary injunction, injunction to enforce an arbitration award, or other order of similar import, including obtaining full payment of all fees and costs under these S&SST from any court of competent jurisdiction (e.g. local courts at the Customer’s place of residence). 

22.4 The Customer’s sole remedy for any claim related to the Services shall be limited to seeking damages, if applicable, through legal action. The Customer expressly waives any right to rescind, enjoin, restrain (e.g. by injunction), or otherwise interfere with the Company’s work, including but not limited to the production, distribution, advertising, or other commercial use of any Deliverable Items, Services, Support Services, Techniques and Component Elements, materials, or services provided by the Company.