Netlify provides its Services under two agreements, chosen by how the account was opened. The Self-Serve Subscription Agreement (SSA), together with the Website Terms of Use, governs customers who sign up online, and “In appropriate cases, Netlify will enter into a written Enterprise Subscription Agreement with the Customer which will govern instead”.[1] The Enterprise Master Subscription Agreement (MSA) applies to an entity executing an Order Form that references it.[2] The Website Terms of Use confirm this split: Netlify’s Services “are governed by the the Self-Serve Subscription Agreement or the Enterprise Master Subscription Agreement, as applicable”.[3] This article summarises the licence, restriction, billing and termination clauses that matter for software asset management.
Editions
| Account type | Governing agreement | Policy overlays |
|---|---|---|
| Free | SSA section 6 (Free Usage Tier) and Website Terms of Use[1][3] | Acceptable Use Policy[3] |
| Personal, Pro (self-serve) | SSA and Website Terms of Use[1] | Acceptable Use Policy; Scope of Support[3][4] |
| Enterprise | Enterprise MSA and Order Form[2] | Acceptable Use Policy; Netlify Service Guides; support plan and SLA in the Order Form[2] |
The MSA states that “In the event of any conflict between the terms of this Agreement and any Order, the terms of the applicable Order Form will control.”[2] Catalog: Terms of Use defer to the subscription agreements.
Metrics
Neither agreement defines a credit, a seat or a meter. Those quantities are defined in the plan documentation and Order Forms. The agreements define the licence and its limits.
Self-serve licence
Under SSA section 2 the customer is granted “a limited, non-exclusive, non-transferable and non-sublicensable right to access and use the Services”. If the customer is an entity, its Affiliates may also use the Services if they comply, and the customer remains responsible for them.[1] Netlify keeps all right, title and interest in the Services.[1] The agreement also notes that software available through the Services may contain open source or third-party software with additional terms.[1] The Website Terms of Use separately grant “a limited, revocable, non-exclusive, non-transferable license” to access and use the Website, with no right to copy or store any portion of it.[3] Catalog: SSA grants a limited, non-transferable access right.
Netlify Managed DNS and Netlify functions “are strictly for use with sites deployed to Netlify”, although DNS records pointing to non-Netlify resources are allowed. Netlify expects every zone it hosts to have at least one hostname hosted by Netlify, and functions to be called primarily by a Netlify-hosted site.[1] Catalog: DNS and functions are only for Netlify-hosted sites.
Enterprise licence
MSA section 2.1 grants “the right to access and use the Netlify Services listed in the Order Form during the Subscription Term solely for Customer’s internal business purposes”, in accordance with the Netlify Service Guides, the Order Form and the MSA, subject to compliance and payment.[2] Affiliates may order under the MSA by signing an Order Form, and an Affiliate’s breach is treated as the customer’s breach.[2] The customer must use the Services in accordance with the Netlify Service Guides, which Netlify may update, and Netlify may take reasonable action to limit the impact of non-compliance.[2] Catalog: Enterprise licence is for internal business purposes.
Counting and floors
Restrictions
- Resale. The MSA bars the customer from reselling or licensing the Netlify Services to third parties unless otherwise agreed by Netlify in a separate written agreement.[2] The Acceptable Use Policy bars renting, leasing, loaning or selling access to Netlify’s website, software and documentation.[5] Catalog: Enterprise MSA bars resale; AUP bars renting or selling access.
- Credentials. MSA section 2.5 states that where access is restricted to the number of individual users in the Order Form, each user’s Credentials cannot be shared by more than one individual, though Credentials may be reassigned to a replacement user, and Netlify reserves the right to charge for overuse.[2] Catalog: Enterprise credentials cannot be shared; overuse is chargeable.
- Remote storage. Any user using the Services solely as a remote storage server may have the account immediately terminated and all files permanently removed.[5] Catalog: AUP bars use as a remote storage server.
- Benchmarking. Users must not perform benchmark tests or analyses of Netlify Services without express permission.[5] Catalog: AUP bars benchmarking without permission.
- Automation and reverse engineering. The AUP also bars reverse engineering, creating derivative works, commercially exploiting the Services, interfering with them and using automated agents to create multiple accounts or mine data.[5]
Fees, renewal and termination
| Topic | Self-Serve Subscription Agreement | Enterprise MSA |
|---|---|---|
| Billing | Fees for the Paid Plan; additional fees reflecting actual usage if capacity is exceeded; paid in advance for the term and each renewal[1] | Invoiced annually in advance unless the Order Form says otherwise; net 30 if no terms stated[2] |
| Refunds | Fees are “non-cancelable and non-refundable”, including on early termination[1] | Commitments are non-cancellable, non-refundable and cannot be decreased during the Subscription Term[2] |
| Renewal | Term renews automatically for periods of the same duration[1] | Renews for equal terms unless notice of non-renewal is given at least 60 days before term end[2] |
| Termination | Customer may terminate any time; termination via admin panel at least one day before term end, otherwise written notice at least ten days before[1] | For uncured material breach on 30 days notice; Netlify may terminate without notice if the AUP is violated[2] |
| Late payment | Not stated | 1% per month interest and possible suspension if unpaid 15 days after a late notice[2] |
| Changes to terms | Apply to new Services and to renewal terms after notice[1] | Effective 30 days after notice[2] |
Netlify will not terminate a Paid Plan customer for convenience during the subscription term.[1] Catalog: SSA fees are non-refundable and paid in advance; SSA overage is billed at actual usage; SSA renewal charges unless cancelled one day before term end; Enterprise fees are invoiced annually in advance; Enterprise commitments cannot be decreased mid-term; Enterprise Order Forms renew unless 60 days notice; Late Enterprise payments accrue 1 percent monthly interest; Enterprise MSA changes take effect after 30 days notice.
Free Usage Tier
The SSA calls the Free Usage Tier “offered at Netlify’s sole discretion”. Netlify may change or discontinue it, may disable or remove any Free project “without notice at our sole discretion”, and runs Free projects in a common build environment with no service level commitments.[1] If a Free project suffers delays or an attack, Netlify resolves the issue by shutting the affected project down.[1] The SSA also says Free Usage Tier customers whose use exceeds capacity “will incur and agrees to pay additional fees”, whereas the pricing documentation states that the credit-based Free plan has a hard limit that cannot incur costs.[1][6] The 2020 SSA wording therefore does not reflect the current Free plan mechanics. Catalog: Free Usage Tier projects can be removed without notice; Free plan has a hard limit.
Virtualization and partitioning
Not applicable. The MSA covers Affiliates through Order Forms the Affiliate signs, which is the nearest analogue of an entitlement boundary.[2]
Cloud and BYOL
No bring-your-own-licence rights apply. Third-Party Software used with the Services is subject to a separate agreement between the customer and the third party, and Netlify does not warrant or support it.[2] Open source software included in the Services follows its own licence terms where required.[2]
Programs
Support
All customers on all plans have access to the free support forums and private email support.[4] The pricing page lists standard email support on Free, priority email support on Personal and Pro, and 24/7 dedicated support on Enterprise.[6] Enterprise customers may purchase Business Day Support or Premium Support packages “with guaranteed response times”. Advanced debugging and consultation are available for Enterprise customers with Premium Support through custom contracts; for other plans support is scoped to standard usage as documented.[4] Load and security testing falls in the expanded scope that needs a custom contract.[4] Netlify may require the customer to reconfigure sites and DNS as documented before it assists with networking issues.[4] Catalog: Enterprise support packages; Guaranteed support response is an Enterprise purchase.
Service level
The pricing page lists a 99.99% uptime SLA among Enterprise features, and the legacy plan table lists the SLA as None for Free, Starter and Pro Legacy plans and 99.99% for Enterprise.[6][7] The MSA states that the SLA does not apply to Beta Services unless an Order Form says so, and that the Order Form will include the SLA and support plan terms.[2] The SLA document itself was not retrieved.
Customer Data and content
Under the SSA, the customer owns its Customer Data, but Netlify may use, distribute and disclose it to provide the Services and may “use and analyze Customer Data to administer, improve, customize, enhance and develop its products and services”. After termination Netlify makes Customer Data available for 30 days and may then delete it.[1] Netlify may list the customer’s name and logo as a reference.[1] The MSA provides that the customer owns Customer Content and that Netlify may use Service Data, including by sharing with authorised third parties, to develop and improve the Services.[2]
Audits and compliance
Neither agreement contains a software audit or true-up clause. The nearest provisions are:
- MSA section 2.6: the customer is responsible for compliance and its activities, “which Netlify may verify from time to time”.[2] Catalog: Netlify may verify compliance from time to time.
- MSA section 2.5: Netlify may charge for overuse where users are restricted.[2]
- MSA section 10.3: Netlify may temporarily suspend access where customer activity adversely affects the Services, and may remove content for DMCA or AUP violations.[2]
- SSA section 13: Netlify has no obligation to monitor use but may do so and prohibit use it reasonably believes violates the terms.[1]
Liability is capped under the SSA at the lesser of the fees paid in the then-current month or US $100,[1] and under the MSA at the fees paid in the twelve months preceding the event.[2] Both agreements use California law and San Francisco courts.[1][2]
Out of scope
- The Enterprise service level agreement, Data Processing Agreement, privacy policy and security documents referenced by the MSA.
- Negotiated Order Forms and reseller terms.
- Netlify Domains terms and Marketplace extension terms.