Hi, thanks for visiting Elastic! We know there is a lot of legal stuff in here, but it is important that you read these terms carefully since they describe the relationship between us and you, and set out our expectations for how you will engage with our website.
- Eligibility requirements for using the website our services;
- How you may access and use our website and services, and what we consider to be prohibited conduct;
- Access to additional features, such as trials and beta features, and use of the website as a registered user;
- How you can engage with Elastic content and third party content;
- How you can engage with the website by submitting user content; and
- What other legal rights and obligations you have, including limitations or exclusions;
- What legal rights and remedies we have; and
- What to expect in case someone violates these terms.
Additional terms and conditions may apply to other Elastic services, including without limitation, the Elastic Cloud Free Trial Terms, and such terms are incorporated into these Terms by this reference (collectively, the "Supplemental Terms"). If there is a conflict between these Terms and the Supplemental Terms, the Supplemental Terms shall control with respect to your use of the specific service or free trial. These Terms do not apply to paid versions of Elastic Cloud which are subject to a written agreement between Elasticsearch and our customers.
SHOULD YOU ELECT TO ACCESS OR USE THE SITE, THESE TERMS, TOGETHER WITH THE ELASTICSEARCH PRIVACY STATEMENT LOCATED AT WWW.ELASTIC.CO/LEGAL/PRIVACY-STATEMENT ("PRIVACY STATEMENT"), AND ANY SUPPLEMENTAL TERMS FORM A LEGAL CONTRACT BETWEEN YOU AND ELASTICSEARCH (COLLECTIVELY, THE "AGREEMENT"). BY USING THE SITE, YOU ARE IRREVOCABLY AGREEING TO ALL OF THE TERMS AND CONDITIONS OF THE AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS IN THE AGREEMENT, YOU MUST NOT ACCESS OR USE THE SITE.
- 1. ELIGIBILITY
By using the Site, you represent and warrant that you are 18 years of age or older. If you are under the age of 13 years old, you may not use the Site.
If you are accessing or using the Site on behalf of a corporation, organization or other entity, you represent and warrant that you have the legal authority to agree to these terms on behalf of such organization and to bind such organization to the Agreement. All references to "you" in the Agreement shall include such organization, jointly and severally with you personally.
If any applicable law, rule, regulation or government restriction prohibits you from using or accessing the Site, then you must immediately cease all access and use. If you nevertheless access or use the Site, you will still be bound to these Terms and shall have all the obligations, responsibilities and liabilities as if you were eligible to do so.
If Elasticsearch believes that you do not meet any of these requirements we may immediately suspend or terminate your access to or use of the Site.
- 2. GENERAL USE OF THE SITE
- (a) Obligations when accessing and using the Site and the Services
Subject to these Terms and any terms in the Agreement, Elasticsearch grants you the limited, revocable, non-transferable, non-sublicensable, non-exclusive right to access and use the Site and the associated Elasticsearch Content and Third Party Content (as defined in Section 5). Elasticsearch Content and Third Party Content are collectively referred to herein as "Site Content".
Except solely as necessary for you to access the Site for the intended purpose pursuant to these Terms, you may not copy, collect, modify, create derivative works or uses of, translate, distribute, transmit, publish, re-publish, perform, display, post, download, upload, sublicense, transfer, dispose of, resell or sell the Site Content or any other part of the Site.
When accessing or using the Site, you are responsible for: (i) selecting from the security configurations and security options made available by us; and (ii) implementing additional security or safeguarding measures that may be required or desired by you.
- (b) Prohibited Conduct
You may not (nor permit any third party to) use the Site, or any part of the Site, to:
- "deep-link", "page scrape" or deploy to the Site any robot, spider, scraper, website search/retrieval application, or any other application or equivalent manual process designed to retrieve, index, "data mine," information from the Site;
- disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation;
- violate or attempt to violate, including with the use of any device, software or program, the security of this Site or otherwise interfere with the proper working of the Site, including taking any action that (i) imposes an unreasonable or disproportionately large load on our infrastructure or (ii) circumvents or attempts to circumvent any technological protection measures or access controls on the Site or in a Service or use a third party or third party product to do so;
- post anything on the Site that is contrary to our public image, goodwill or reputation;
- attempt to gain unauthorized access to any portion or feature of the Site or to any services offered on the Site;
- 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;
- monitor, track, gather, publish or analyze its availability, performance, features or functionality, or for any other benchmarking, competitive or comparative purposes whatsoever;
- impersonate or falsely identify yourself as any other person or entity;
- use the Site or Site Content for any purposes that is unlawful, illegal or prohibited by law or by these Terms;
- reverse engineer, decompile or disassemble any part of the Site;
- frame or mirror the Site or any portion(s) of the Site, or otherwise incorporate any portion of the Site in to any product or service;
- perform any security integrity review, penetration test, load test, denial of service simulation, or vulnerability scan; or
- to post, transmit or link to: (i) any advertisement, promotional materials or solicitation related to any product or service that is competitive with Elasticsearch products or services; (ii) software or programs which contain any harmful code, including, but not limited to, viruses, worms, time bombs or Trojan horses; (iii) content that defames, abuses, harasses, stalks, threatens, or otherwise violates the legal rights (such as rights of privacy and publicity) of others; (iv) content that includes racially, ethnically, or otherwise offensive language; (v) content that discusses or incites illegal activity; or (vi) content that includes explicit/obscene language or solicit/post sexually explicit images.
This list of prohibitions provides examples and is not complete, exhaustive or exclusive. Elasticsearch may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Elasticsearch's discretion, Elasticsearch will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Site.
- 3. ELASTIC CLOUD ACCESS AND USE; PREVIEWS, BETA TRIALS
- (a) Elastic Cloud Free Trial Account
Users may create an account to access and use the Elastic Cloud, including registering to gain access to a free trial of the Elastic Cloud. Such access and use of the Elastic Cloud are subject to additional terms, including the Elastic Cloud Free Trial Terms, and by this reference, such terms are incorporated into and form part of these Terms.
- (b) Previews, Beta Trials
Some offerings and features may be available to you as a preview, or as a beta or other pre-release version (each, a "Beta Trial"). During the term specified by us, you may access and use a Beta Trial solely for your internal testing and evaluation and for no other purpose whatsoever. We may discontinue the Beta Offering at any time and may decide not to make any of the features and functionality generally available.
- (a) Elastic Cloud Free Trial Account
- 4. REGISTERED USE OF THE SITE
Certain features of the Site may be available only to registered users. Such features may change over time and we don't guarantee any particular feature will always be available.
- (a) Registered Users
If you become a registered user of the Site in order to gain access to support or other limited access parts of the Site, you agree (i) that the information you provide to Elasticsearch in connection with your registration will be current, complete and accurate, (ii) if applicable, not to choose a username that violates any law or the intellectual property rights of others, or is offensive; provided that Elasticsearch reserves the right to reject the use of any user name for any reason or no reason, (iii) not to transfer, sell, convey or assign the right to use the Site to any third party without the prior written consent of Elasticsearch and (iv) not to permit any third party to use your user name, email address and/or password to access the Site.
- (b) Accounts and Passwords
You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under or through your account. You agree to notify Elasticsearch immediately of any unauthorized use of your account or password, or any other breach of security.
Elasticsearch reserves the right, in its sole discretion, to deny, restrict, suspend, discontinue, or terminate your account, with or without prior notice or explanation, for any or no reason, without any liability to you.
- (a) Registered Users
- 5. CONTENT
- (a) Elasticsearch Content
Except as may be otherwise noted, the information, materials (including, without limitation, HTML, text, graphics, audio, video, blog posts, visual interfaces, photographs, registered and unregistered trademarks, Marks (as defined below), logos, computer code, artwork, documents, white papers, press releases, data sheets, product descriptions, software and FAQs and other content) available on or from the Site (collectively, "Elasticsearch Content"), including but not limited to the selection, expression, coordination, arrangement and "look and feel" of such Elasticsearch Content, are owned, controlled or licensed by Elasticsearch and are protected by trademark, copyright and patent laws, as well as various other intellectual property rights and unfair competition laws. Elasticsearch and its licensors expressly retain all right, title and interest in and to the Elasticsearch Content, including and without limitation, all intellectual property rights therein and thereto. All rights not expressly granted herein are reserved.
All trademarks, service marks, names, designs and logos included on the Site (collectively, the "Marks") are the property of Elasticsearch or third parties, and you may not use such Marks without the express, prior written consent of Elasticsearch or the applicable third party. Nothing contained on the Site should be construed as granting any right to use any Marks without the express written consent of the owner.
Except as expressly permitted in these Terms, no part of the Site or the Site Content may be publicly displayed, reproduced, republished, uploaded, retransmitted, published, modified, adapted, encoded or translated.
- (b) Third Party Content
Any other third party trademarks, service marks, logos, trade names or other proprietary designations, that are or may become present within the Sites are the registered or unregistered trademarks of the respective parties.
- (c) Software
To the extent that the Site contains Elasticsearch Content or Third Party Content that is software available for download ("Software"), such Software is subject to, and your use of such Software is governed by, an applicable license agreement (each a "License Agreement") accompanying, provided with, linked to or embedded in, such Software. You may not use any Software unless you first read and agree to all of the terms and conditions of the applicable License Agreement. To the extent Elasticsearch separately makes available other open-source software ("OSS") for download, such code is governed by the terms of the applicable OSS license.
- (a) Elasticsearch Content
- 6. USER CONTENT
- (a) Submitting User Content
At our sole discretion, the Site may include functionality that permits you to share or make available comments, posts or submissions, including comments and posts made through our discussion forums, blogs or other interactive features of our Site, and you may elect to display, transmit, post, submit, or otherwise make available to us and others any content or works of authorship, including, without limitation, images, software, code, videos, ideas, feedback, plans, notes, sample data, audio files, text, or any other materials (collectively, "User Content"), through or in connection with your use of the Site.
If you choose to make publicly available any of your personal information, confidential information or any other sensitive information through the Site, you do so at your own risk. You acknowledge that your User Content and any information you post is not confidential and will be publicly accessible to any and all users of the Site. We have no control over and are not responsible for any use or misuse (including reproduction, distribution or displaying) by any third party of your User Content.
We may modify or adapt your User Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to the User Content as necessary to conform and adapt the same to any requirements or limitations of any networks, devices, services or media.
- (b) License grant to Elasticsearch
By uploading, posting, displaying, submitting, entering, inputting or otherwise transmitting your User Content to us, you hereby grant to Elasticsearch (to the extent permitted by applicable law) a perpetual, irrevocable, fully paid up, royalty-free, worldwide, non-exclusive, transferrable and fully sublicensable (through multiple tiers) right and license, without any additional consideration to you or any third party, to use, reproduce, adapt, modify, publicly display, publicly perform, prepare derivative works from and distribute such User Content, for any purpose and in any form, medium or distribution method now known or hereafter existing, known or developed. You agree, to the fullest extent permitted by applicable law, to waive and never assert any moral rights that may exist in connection with the User Content.
You hereby irrevocably confirm, represent and warrant to Elasticsearch that (i) you have all necessary power, authority, right, title, interest and/or licenses to grant to Elasticsearch the foregoing right and license and (ii) the posting, submission, display by you of User Content on the Site, and the exercise by Elasticsearch of the foregoing license does not and will not (1) violate any law or (2) infringe any third party rights including but not limited to intellectual property rights and the rights of publicity or personality.
- (c) Restrictions on User Content
In connection with your use of the Site, you agree not to submit any User Content that is (i) is unlawful or that would give rise to criminal or civil liability, (ii) violates any intellectual property rights, rights of publicity or invades the privacy of others, (iii) constitutes obscene, offensive, pornographic, indecent, profane or otherwise objectionable or inappropriate material, (iv) is discriminatory, hateful or bigoted toward, or abusive of, any group or individual, (v) is libelous or defamatory or (vi) violates any applicable law, rule, or regulation or these Terms.
- (d) Monitoring
Elasticsearch may, but is not obligated to, monitor, evaluate, audit, alter and / or remove Site Content, User Content and your use of the Site. Elasticsearch reserves the right to accept, reject, refuse, remove, alter or modify any Site Content or User Content, for any reason and at any time, without notice, but assumes no liability based on its acceptance, rejection, modification or failure to modify, reject or modify any Site Content or User Content. We may delete User Content at any time without notice to you.
We have no obligation to store any User Content, and have no responsibility or liability for the deletion or failure to store, transmit or receive User Content. You are solely responsible for creating backup copies of or replacing any User Content at your sole expense.
- (a) Submitting User Content
- 7. INFRINGEMENT AND DMCA
Elasticsearch respects the intellectual property rights of others, and we ask you to do the same. Elasticsearch may, in appropriate circumstances and at our discretion, terminate access to this Site for users who infringe the intellectual property rights of others.
If you believe in good faith that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide Elasticsearch's designated agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit Elasticsearch to locate the material.
- Information reasonably sufficient to permit Elasticsearch to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Elasticsearch's agent for notice of claims of copyright or trademark infringement on this Site can be reached at: firstname.lastname@example.org.
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such a notice from us, you may provide us with a counter-notification in writing to the Elasticsearch designated agent that includes all of the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Elasticsearch may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Elasticsearch reserves the right, in its sole discretion, to terminate the account or access of any user of the Site who is the subject of repeated DMCA or other infringement notifications.
- 8. LINKS TO THIRD PARTY SITES
This Site may be linked to other websites that are not Elasticsearch websites (collectively, "Third Party Sites"). These Third Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than Elasticsearch, and your use of such Third Party Sites is governed by such terms. You should review the applicable terms and policies for any Third Party Sites. We provide links to the Third Party Sites to you as a convenience, but we do not endorse, verify, make any representations or take responsibility for such Third Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third Party Sites. YOU AGREE THAT ELASTICSEARCH WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD PARTY WEB SITES AND/OR THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.
- 9. INDEMNIFICATION
Unless expressly prohibited by applicable law, you agree to defend, indemnify and hold Elasticsearch and its officers, directors, employees, affiliates, subsidiaries, agents, licensors, and business partners (collectively, the "Elasticsearch Parties") harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defense) Elasticsearch or any other indemnified party suffers in relation to or arising, directly or indirectly, from: (i) your violation or breach of these Terms or the Agreement; (ii) your breach of any applicable laws; (iii) any claim or demand that your use of this Site or the use of this Site by any person using your user name and/or password, violates any applicable law or regulation, or the patents, copyrights, trademark rights, personality, publicity or other rights of any third party; and (iv) any claim that your User Content infringes or misappropriates any third party patent, copyright, trademark or trade secret, privacy, publicity or any other third party right.
- 10. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES, SITE AND THE SITE CONTENT, TOGETHER WITH ALL SOFTWARE, ADDITIONAL SERVICES AND FEATURES AVAILABLE ON OR THROUGH THE SITE, ARE PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND THE ELASTICSEARCH PARTIES MAKE NO REPRESENTATION, GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND WHATSOEVER. THE ELASTICSEARCH PARTIES SPECIFICALLY DISCLAIM ALL WARRANTIES, GUARANTEES AND REPRESENTATIONS, INCLUDING ALL IMPLIED, STATUTORY OR OTHER WARRANTIES WITH RESPECT TO THE SITE AND THE SITE CONTENT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON INFRINGEMENT, OR THAT THE SITE OR THE SITE CONTENT ARE COMPLETE, SUITABLE FOR YOUR PURPOSE, OR ACCURATE. THE ENTIRE RISK AS TO RESULTS OBTAINED THROUGH USE OF THE SITE AND/OR THE SITE CONTENT RESTS WITH YOU. ELASTICSEARCH MAKES NO REPRESENTATION, GUARANTEE OR WARRANTY THAT THE AVAILABILITY OF THE SITE WILL BE UNINTERRUPTED, OR THAT THE SITE AND/OR THE SITE CONTENT WILL BE ERROR FREE OR SECURE, OR THAT ANY OR ALL DEFECTS WILL BE CORRECTED.
Malicious Files Disclaimer. To facilitate your evaluation of certain Elastic security products, Elastic may provide you with samples of malicious files or code or similar data. These samples will only be provided to you with your permission and with notice regarding the contents of such files. Elastic disclaims any warranty, responsibility or liability associated with such materials, including any damage to your data or devices.
- 11. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL THE ELASTICSEARCH PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES DIRECTLY OR INDIRECTLY ARISING OUT OF OR CONNECTED TO YOUR ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, INCLUDING, WITHOUT LIMITATION, ANY AND ALL DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY OR STATUTORY DAMAGES, INCLUDING ANY LOSS OF BUSINESS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OR PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR ANY COST OF COVER OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, EVEN IF ELASTICSEARCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL THEORY UNDER WHICH DAMAGES ARE SOUGHT, WHETHER IN BREACH OF CONTRACT OR IN TORT, INCLUDING NEGLIGENCE. IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF THE ELASTICSEARCH PARTIES UNDER THE AGREEMENT EXCEED US$100.
The foregoing disclaimers of damages will also not apply to the extent prohibited by law. Some jurisdictions do not allow the exclusion or limitation of certain damages. To the extent such a law applies to you, some or all of the exclusions or limitations set forth above may not apply to you, and you may have additional rights.
- 12. SUSPENSION AND TERMINATION
- (a) Suspension
In the event we reasonably believe you have breached, or will breach, any provision of the Agreement, Elasticsearch may, without limiting its other rights and remedies, immediately suspend your use of the Site or Services until such breach is cured or we reasonably believe there is no longer a threat.
- (b) Termination
Elasticsearch reserves the right to immediately terminate these Terms or the Agreement, or your access to or use of the Site or Services, at any time, with or without cause, and with or without notice. You may terminate this Agreement at any time by ceasing to use the Site or Service.
- (c) Effect of Termination
Upon expiration or termination of these Terms or the Agreement, your access to the Service will immediately cease and you must stop sending Your Data to the Service. We will delete Customer Data in an Account after termination or expiration. In no event will Elastic have any responsibility or liability to you related to suspension or termination of these Terms, the Agreement or any account.
- (d) Survival
The termination or expiration of these Terms will not affect any provisions herein which by their nature survive are intended to survive termination or expiration, including but not limited to the provisions that deal with the following subject matters: ownership of intellectual property, confidentiality, effect of termination, limitation of liability, indemnification, disclaimers, export control, and the "General" section in these Terms.
- (a) Suspension
- 13. PRIVACY STATEMENT
Our Privacy Statement, available at www.elastic.co/legal/privacy-statement, explains how we use information that you submit to Elasticsearch, and which is incorporated into the Agreement by this reference. Please review it carefully.
- 14. EXPORT CONTROL
You hereby represent and warrant that you understand and acknowledge that some Site Content may be subject to export, re-export and import restrictions under applicable law and that you are not located in, under the control of, or a national or resident of, any country to which the United States has embargoed goods.
- (a) General Information
The export control information provided on this Website may not reflect the most current legal or regulatory developments and Elastic does not represent, warrant, or guarantee that it is complete, accurate or up to date. It is not intended as legal advice or as an exhaustive interpretation of the export control laws and regulations. For specific guidance, you should consult with your legal counsel, export professional or relevant governmental authorities.
- (b) Export Control Classification
The Export Control Classification Number ("ECCN") for Elastic products are provided in order to help facilitate export operations. Our products and services, including encryption software, are subject to export control laws and regulations, which may include licensing requirements and restrictions on destinations, end-users, and end-uses. The ECCN and applicable controls for each product may vary. It is your responsibility to ensure compliance with the relevant export control requirements.
- (c) Prohibitions
No Elastic products or service may be sold, exported or re-exported, to an individual or entity located in an embargoed country or on any applicable government sanctions lists, including the U.S. Treasury Department's list of Specially Designated Nationals, or on the U.S. Commerce Department's Denied Persons List or Entity List. Such prohibition includes the following countries: Cuba, Iran, North Korea, Syria, Russia, Belarus, and the Crimea, Luhansk, and Donetsk regions of Ukraine. You are responsible for obtaining all required licenses or other governmental approvals related to your use, or transfer of, any Elastic products or services. By downloading or using Elastic's products or services, you certify that you are not prohibited from using such products or services as a result of any trade or export restrictions, and you further certify that you are not located in an embargoed country or otherwise listed on any applicable government sanctions list.
By accessing and using the export control information on this Website, you agree to release Elastic from any liability related to your compliance or non-compliance with applicable export control laws and regulations.
- (a) General Information
- 15. MODIFICATIONS TO THESE TERMS OR SERVICES
Elasticsearch reserves the right, in its sole discretion, to revise, change, update, add or remove provisions of these Terms, at any time and from time to time, by posting the updated Terms on the Site, along with a notice of the effective date of the updated Terms. You agree to periodically review these Terms in order to be aware of any such modifications. By accessing or using this Site after Elasticsearch has updated the Terms, you are agreeing to all of the updated Terms. If you do not agree with any of the updated Terms, your only recourse will be to stop using the Site.
We may choose to modify, alter, terminate, update or discontinue the Service, including any portions of the Service, at any time, without prior notice to you.
- 16. GENERAL
- (a) Site Location and Local Laws
Elasticsearch controls and operates this Site from its offices in Amsterdam, The Netherlands and Mountain View, California, USA, and the Site Content may not be appropriate or available for use in other locations. In addition, the Site may be mirrored, and other websites operated or controlled by Elasticsearch may be located, in various countries. Elasticsearch makes no representation or warranty that all of the features of this Site will be available to you from specific countries, or that the Site Content is permitted to be accessed from any country. You acknowledge that you are solely responsible for any decision by you to use the Site from your location, and that such use may be subject to, and that you are responsible for, compliance with applicable local laws.
- (b) Feedback
If you send or transmit any communications, comments, questions, suggestions, or related materials to Elasticsearch, whether by letter, email, telephone, or otherwise (collectively, "Feedback"), suggesting or recommending changes to the Site, Site Content or any services offered through the Site, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby grant to Elasticsearch a royalty-free, worldwide, transferable, irrevocable, perpetual license, including the right to grant and authorize sublicenses, to use or incorporate into the Site and/or any products or services any and all Feedback. For the avoidance of doubt, Elasticsearch shall be free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, importing, having imported, licensing, marketing, distributing, reproducing, and selling, directly or indirectly, products and services using such Feedback, and otherwise exploiting in any manner such Feedback. You understand and agree that Elasticsearch is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
- (c) Governing Law and Jurisdiction
This Agreement will be governed by the laws of the State of California, without regard to its conflict of laws principles. This Agreement shall not be governed by the 1980 UN Convention on Contracts for the International Sale of Goods or any laws based on the Uniform Computer Information Transactions Act (UCITA). All suits hereunder will be brought solely in Federal Court for the Northern District of California, or if that court lacks subject matter jurisdiction, in any California State Court located in Santa Clara County. 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.
If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Elasticsearch's failure to enforce any of these Terms is not a waiver of such terms. The Agreement sets forth the entire agreement between you and Elasticsearch and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Elasticsearch about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
- (d) Waiver of Rights and Remedies
Our failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. Our rights, powers and remedies in these Terms, including without limitation the right to suspend, restrict or terminate any use of the Site, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to us at law or in equity.
- (e) Severability
If any provision of these Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability will attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof will continue in full force and effect.
- (f) Assignment and Inurement
We may at any time assign our rights and obligations under these Terms, in whole or in part, without notice to you. You may not assign these Terms and Conditions without our prior, written consent. These Terms and Conditions will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns.
- (g) Relationship
The parties are independent contractors. You agree that no joint venture, partnership, fiduciary, employment or agency relationship exists between us and you as a result of these Terms or use of the Site. There are no third-party beneficiaries of these Terms. Neither party has the authority to bind or act on behalf of the other party in any capacity or circumstance whether by contract or otherwise.
- (h) Force Majeure
Neither party will be responsible for a failure to fulfill its obligations under these Terms or for delay in doing so if such failure or delay is due to circumstances beyond its reasonable control, such as acts of nature, acts of government, war, riots, strikes and accidents in transportation, but excluding a lack of financing, cash or credit.
- (i) Entire Agreement.
These Terms, as amended from time to time, and the Agreement, including any and all documents, websites, rules, terms and policies referenced herein, constitutes the entire agreement between us and you with respect to the matters referred to in these Terms and supersedes all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between us and you with respect to such matters.
- (j) Contact Us
If you have any questions about these Terms or otherwise need to contact Elasticsearch for any reason, you can reach us at email@example.com.
Last Revised: January 2024
- (a) Site Location and Local Laws
- (a) Obligations when accessing and using the Site and the Services