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Hi! We’re happy you’re here and we’re excited that you want to give Elastic Cloud a try! We know you are going to love Elastic just as much as we do.
Please read these Cloud Trial Terms carefully as they form a legally binding agreement between Elasticsearch B.V. ("Elastic", "we" or "us") and the person ("you") registering for an Elastic Cloud Free Trial Account (the "Free Trial Account").
EFFECTIVE DATE: April 2023
- 1. CREATION AND USE OF YOUR CLOUD FREE TRIAL ACCOUNT. To access an Elastic Cloud Free Trial, you need to create an account by entering your email address and a password. Please keep your log-in credentials a secret. If you fail to properly secure your Free Trial Account or your credentials, you will be solely liable for any damages, losses, or liabilities that arise. If you suspect or become aware that someone else is using or accessing your Free Trial Account, please notify us immediately. Please create only one Free Trial Account. If you need more time to try out Elasticsearch to be absolutely sure you love it, please just let us know and we’re happy to consider a time extension. You may not register multiple email addresses or create multiple Free Trial Accounts or otherwise access or attempt to access Elastic products, services, content or other materials in a manner intended to avoid incurring fees.
- 2. USE OF ELASTICSEARCH SERVICE; OBLIGATIONS; RESTRICTIONS.
- 2.1 Use of Elasticsearch Service. Your Free Trial Account entitles you to one (1) free trial (“Free Trial”) of the Elastic Cloud including all information, materials and data contained in or on the Elastic Cloud (collectively, the “Elasticsearch Service”). Subject to the terms and conditions of these Cloud Trial Terms and any other applicable terms, we grant to you a limited, worldwide, non-exclusive, non-transferable (except as expressly permitted in this Agreement) right during the term of the Free Trial, to access and use the Elasticsearch Service only for internal, non-production, evaluation purposes to help you to determine whether or not to purchase paid services. If you are using your Free Trial Account to access products, services, content, and/or materials that are being made available to you specifically pursuant to an agreement (“Elastic Agreement”) between Elastic or one of its affiliates and you or an entity on whose behalf you are acting, then such Elastic Agreement will govern your use of the applicable product, service, content, and/or materials, and any Elastic Agreement whose terms address the subject matter covered by these terms shall supersede these Cloud Terms and shall govern the parties’ obligations.
- 2.2 Intellectual Property. Nothing in these Cloud Trial Terms shall be understood to transfer from Elastic to you any intellectual property rights, and all right, title and interest in and to the Free Trial Account and any product, service (including Elasticsearch Service), content, and/or materials made available to you through your Free Trial Account will remain (as between the parties) solely with Elastic or its third-party licensors or suppliers.
- 2.3 Free Trial Term. The term for the Free Trial is fourteen (14) days, which commences on the date that you create an Elasticsearch Service deployment. Such term may be extended with Elastic’s consent. We want you to love Elasticsearch and be sure of its value, but please note we may not approve all extension requests and we reserve the right to decline any extension request for any reason.
- 2.4 Obligations. By creating a Free Trial Account and/or using the Elasticsearch Service, you agree to comply with these Cloud Trial Terms and all applicable laws, including export control and data privacy laws, at all times when accessing or using the Elasticsearch Service. In connection with your Free Trial of the Elasticsearch Service, you may ingest information, content and data to Elasticsearch Service, or may retrieve such information, content and data (collectively, "Data") from, the Elasticsearch Service. You are fully responsible for the content, accuracy and completeness of such Data, and any loss, liabilities or damages resulting from your Data. You hereby grant Elastic a sublicensable, worldwide, royalty-free, and non-exclusive right to reproduce, modify, adapt, display and publish your Data solely for the purpose of enabling Elastic to provide you with the Free Trial and any applicable support services. You shall only ingest Data to the Elasticsearch Service that you have the right and authority to ingest and to process in the Elasticsearch Service.
- (a) use Elasticsearch Service to store or distribute any information, material or data that is harassing, threatening, infringing, libelous, unlawful, obscene, or which violates the privacy or intellectual property rights of any third party;
- (b) access or use, or permit, allow, retain or otherwise engage any third party to access or use, the Elasticsearch Service to compete or attempt to compete against Elastic in any manner whatsoever, including, without limitation, for the purpose of designing and/or developing any competitive products or services;
- (c) access or use, or permit, allow, retain, fund or otherwise engage any third party to access or use, the Elasticsearch Service for purposes of monitoring, tracking, gathering, publishing or analyzing its availability, performance, features or functionality, or for any other benchmarking, competitive or comparative purposes whatsoever;
- (d) publish any performance data associated with or arising from your use of the Elasticsearch Service;
- (e) except as expressly permitted herein, make access to Elasticsearch Service through your Free Trial Account available to any third party;
- (f) interfere with or disrupt the integrity, security or performance of the Elasticsearch Service or third-party data contained therein;
- (g) use the Elasticsearch Service to process any data relating to an identified or identifiable individual or protected health information as defined by applicable privacy legislation;
- (h) use the Elasticsearch Service to store or process any classified information (i.e., information given a security classification by a government body and protected against unauthorized disclosure under applicable law) or data subject to the International Traffic in Arms Regulations maintained by the U.S. Department of State or similar foreign legislation; or
- (i) use the Elasticsearch Service in furtherance of the violation of the rights of others.
- 3. SUPPORT.
- (a) Support for users with subscription-based support. If you have a subscription with Elastic that includes the right to receive support, support will be provided to you in accordance with the terms governing your subscription.
- (b) Support for users without subscription-based support. If you do not have a subscription with Elastic that includes the right to receive support, you may be provided with support at Elastic’s discretion. Such support is subject to the terms available here.
- 4. SUSPENSION, TERMINATION.
- (a) Suspension, Termination. In the event that we suspect or become aware that you have breached these Cloud Trial Terms, we reserve the right to immediately, without notice to you, suspend, disable or terminate your Free Trial and / or your Free Trial Account. You may terminate these Cloud Trial Terms by submitting a request to email@example.com to cancel your Free Trial Account. Such termination will be effective as of the time your cancellation request is processed by Elastic.
- (b) Post Termination or Expiration. Upon termination or expiration of these Cloud Trial Terms, for any reason, you shall promptly cease the use of the Free Trial Account, as well as any Elastic products, services, content, or other materials that may have been provided to you through the Free Trial Account.
- (c) Survival. Sections 2, 4 and 5 shall survive any termination or expiration of these Cloud Trial Terms, together with any other terms which by their nature are intended to survive termination or expiration.
- 5. MISCELLANEOUS. These Cloud Trial Terms may be modified by Elastic from time to time, and any such modifications will be effective upon the date of update stated in the modified Cloud Trial Terms. If you do not agree to the modifications, you must stop using or accessing the Elasticsearch Service and / or the Free Trial Account, otherwise your continued use and access will be deemed acceptance of the modified terms. In the event that any provision or part of these Cloud Terms is found by a court of competent jurisdiction to be partially or totally invalid, illegal or unenforceable to any extent, the remainder of these Cloud Terms will not be impaired or impacted and shall continue in full force and effect and will be interpreted to reflect the original intent of the parties. The invalidity of a particular provision in a particular jurisdiction shall not invalidate such provision in any other jurisdiction.