Elastic Cloud Account Terms Of Use

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THESE ELASTIC CLOUD ACCOUNT TERMS OF USE (THE "TERMS") CONSTITUTE A LEGAL CONTRACT BETWEEN ELASTICSEARCH BV ("ELASTIC", "WE" OR "US") AND THE PERSON (“YOU”) REGISTERING FOR AN ELASTIC CLOUD ACCOUNT (THE "ACCOUNT"). BY USING THE ACCOUNT AND/OR ACCESSING ANY ELASTIC PRODUCTS OR SERVICES, CONTENT, OR OTHER MATERIALS THROUGH THE ACCOUNT, YOU IRREVOCABLY AGREE TO THESE TERMS. IN ADDITION, YOU AGREE THAT YOUR ACCESS AND USE OF CONTENT OR OTHER MATERIALS MADE AVAILABLE TO YOU THROUGH THE ACCOUNT IS SUBJECT TO ELASTIC’S WEBSITE TERMS OF USE AVAILABLE AT: HTTPS://WWW.ELASTIC.CO/LEGAL/TERMS-OF-USE. NOTWITHSTANDING THE FOREGOING, (I) IF YOU ARE USING YOUR 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 (II) ANY ELASTIC AGREEMENT WHOSE TERMS ADDRESS THE SUBJECT MATTER COVERED BY THESE TERMS SHALL GOVERN THE PARTIES’ OBLIGATIONS IN LIEU OF THESE TERMS.

EFFECTIVE DATE: September 1, 2020

  1. 1. USE OF YOUR CLOUD ACCOUNT. You are solely responsible for maintaining the security of the log-in credential for your Account and for any damages, losses, or liabilities that arise from your failure to secure your Account properly. You agree to immediately notify Elastic of any unauthorized use of your Account, or any other breaches of security of which you become aware. You may not register multiple Accounts to simulate or act as a single Account or otherwise access Elastic products, services, content or other materials made available to you via an Elastic Account in a manner intended to avoid incurring fees.
  2. 2. TRIAL USE OF ELASTICSEARCH SERVICE; RESTRICTIONS.
    1. 2.1 Trial. Your Account entitles you to one (1) free trial (“Trial”) of Elasticsearch Service. If you elect to try Elasticsearch Service, the following terms apply: (i) the term for the Trial is fourteen (14) days, which may be extended upon Elastic’s written consent; (ii) the term for the Trial shall commence on the date that you use your Account to create an Elasticsearch Service deployment; (iii) the features and functions you are entitled to use and the quantity of cloud computing resources you are allowed to use during the Trial are determined at Elastic’s sole discretion and may be changed at any time; (iv) Elasticsearch Service may be used during the Trial for non-production, evaluation purposes only, unless otherwise agreed in writing by Elastic; (v) the Trial is provided “AS IS” without warranty of any kind, and Elastic disclaims all warranties, indemnities, and all other liabilities for the Trial; (vi) you may be provided with certain support and maintenance services for the Trial (as described in Section 3); and (vii) either party may terminate the Trial upon five (5) days’ written notice to the other party.
    2. 2.2 Your Data. In connection with your Trial of Elasticsearch Service, you may ingest information, content and data to Elasticsearch Service, or may retrieve such information, content and data (collectively, "Data") from, 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, regardless of the nature of your Data. You hereby grant Elastic a sublicensable, worldwide, royalty-free, and non-exclusive right to reproduce, modify, adapt and publish your Data solely for the purpose of enabling Elastic to provide you with the Trial and any 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.
    3. 2.3 Your Use of the Elasticsearch Service. You are solely responsible for maintaining the security of your Elasticsearch Service log-in credentials and for any damages, losses, or liabilities that arise from your failure to secure your Elasticsearch Service log-in credentials properly. You shall immediately notify Elastic of any unauthorized use of your Elasticsearch Service deployment, or any other breaches of security of which you become aware.
    4. 2.4 Restrictions; Reservation of Rights.. You agree to use Elasticsearch Service in compliance with all applicable laws, including export control and data privacy laws. You shall not: (i) execute or attempt to execute any computer viruses, worms, time bombs, Trojan horses and other harmful or malicious code, routines, files, scripts, agents or programs ("Malware") in Elasticsearch Service or use Elasticsearch Service to transmit Malware; (ii) 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; (iii) access or use Elasticsearch Service to compete against Elastic; (iv) access or use Elasticsearch Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes, including, without limitation, for the purpose of designing and/or developing any competitive services; (v) except as expressly permitted herein, make access to Elasticsearch Service through your Account available to any third party; (vi) interfere with or disrupt the integrity, security or performance of Elasticsearch Service or third-party data contained therein; (vii) use Elasticsearch Service to process any Data relating to an identified or identifiable individual or protected health information as defined by the Health Insurance Portability and Accountability Act of 1996; (viii) use 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 (ix) use Elasticsearch Service in furtherance of the violation of the rights of others. Nothing in these Terms shall be understood to transfer from Elastic to you any intellectual property rights, and all right, title and interest in and to the Account and any product, service (including Elasticsearch Service), content, and/or materials made available to you through your Account will remain (as between the parties) solely with Elastic or its third-party suppliers.
  3. 3. SUPPORT.
    1. 3.1 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.
    2. 3.2 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. 4. TERMINATION.
    1. 4.1 Termination. These Terms shall automatically terminate in the event that you breach a provision of these Terms, provided that Elastic reserves the right to retroactively waive such automatic termination upon written notice to you. You may terminate these Terms by submitting a request to support@elastic.co to cancel your Account. Such termination will be effective as of the time your cancellation request is processed by Elastic.
    2. 4.2 Post Termination or Expiration. Upon termination or expiration of these Terms, for any reason, you shall promptly cease the use of the Account, as well as any Elastic products, services, content, or other materials that may have been provided to you through the Account.
    3. 4.3 Survival. Sections 4, 5, 6, and 7 shall survive any termination or expiration of these Terms.
  5. 5. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE ACCOUNT AND ANY PRODUCTS OR SERVICES (INCLUDING, WITHOUT LIMITATION, ELASTICSEARCH SERVICE), CONTENT, AND/OR OTHER MATERIALS MADE AVAILABLE THROUGH THE ACCOUNT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND ELASTIC AND ITS LICENSORS MAKE NO WARRANTIES WHETHER EXPRESSED, IMPLIED OR STATUTORY REGARDING THE ACCOUNT OR ANY RELATED PRODUCTS, SERVICES, CONTENT AND/OR MATERIALS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ELASTIC AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE ACCOUNT, AND WITH RESPECT TO THE USE OF THE FOREGOING. FURTHER, ELASTIC DOES NOT WARRANT RESULTS OF USE OR THAT THE ACCOUNT OR ANY PRODUCTS OR SERVICES (INCLUDING, WITHOUT LIMITATION, ELASTICSEARCH SERVICE) OR WILL BE ERROR FREE OR THAT THE USE OF THE ACCOUNT OR ANY PRODUCTS OR SERVICES (INCLUDING, WITHOUT LIMITATION, ELASTICSEARCH SERVICE) WILL BE UNINTERRUPTED.
  6. 6. LIMITATION OF LIABILITY. IN NO EVENT SHALL EITHER PARTY OR ITS AFFILIATES OR THEIR RESPECTIVE LICENSORS BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE PERFORMANCE OF OR FAILURE TO PERFORM THESE TERMS, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF THE RESPONSIBLE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EITHER ELASTIC’S OR YOUR TOTAL, CUMULATIVE LIABILITY UNDER THESE TERMS EXCEED US$500. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY TO YOUR BREACH OF SECTIONS 1 OR 2.
  7. 7. MISCELLANEOUS. These Terms completely and exclusively state the entire agreement of the parties regarding the subject matter herein, and it, except to the extent expressly set forth with respect to an Elastic Agreement, supersedes, and its terms govern, all prior proposals, agreements, or other communications between the parties, oral or written, regarding such subject matter. These 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 Terms. If any provision hereof is held unenforceable, these Terms will continue without said provision and be interpreted to reflect the original intent of the parties. These Terms and any non-contractual obligation arising out of or in connection with these Terms, are governed exclusively by Dutch law. These Terms shall not be governed by the 1980 UN Convention on Contracts for the International Sale of Goods. All disputes arising out of or in connection with these Terms, including their existence and validity, shall be resolved by the courts with jurisdiction in Amsterdam, The Netherlands, except where mandatory law provides for the courts at another location in The Netherlands to have jurisdiction. The parties hereby irrevocably waive any and all claims and defenses either might otherwise have in any such action or proceeding in any of such courts based upon any alleged lack of personal jurisdiction, improper venue, forum non conveniens or any similar claim or defense. You may not assign these Terms (including by operation of law in connection with a merger or acquisition), in whole or in part to any third party without the prior written consent of Elastic, which may be withheld or granted by Elastic in its sole and absolute discretion. Any assignment in violation of the preceding sentence is void. Notices to Elastic may also be sent to legal@elastic.co.