U.S. Public Sector Services Schedule
This Schedule sets forth terms related to use by U.S. Public Sector Customers (defined below) of Databricks Services and is incorporated as part of the Master Cloud Services Agreement (the “MCSA”). The MCSA and this Schedule, together with any other Schedules that reference or are otherwise incorporated into the MCSA, and any accompanying or future Order you enter into with Databricks issued under the MCSA, comprise the Agreement. Whether procured directly or via third parties, the MCSA (including its applicable schedules) and this Schedule form a direct contract between the Public Sector Customer and Databricks. This Schedule will co-terminate with the MCSA. Capitalized terms used but not defined in this Schedule have the meaning assigned to them in the MCSA.
- Contracting Entity, Orders, and Order of Precedence. Any Order between Databricks and a Public Sector Customer will be deemed to be an Order between Databricks Federal, LLC (“DBF”) and Customer, any references to Databricks will be deemed to refer to DBF, and such Order shall incorporate this Schedule, which shall take precedence over the MCSA. Where a transaction does not include a Databricks Order Form, any reference herein to the Order means the agreement or contract to procure Databricks Services. All Orders shall be deemed to include Databricks’ standard commercial Order Form terms related to the applicable services.
- Databricks Services. This Schedule establishes the terms and conditions enabling Databricks to provide Databricks Services to Public Sector Customers. For the purposes of this Schedule, references to “Customer” in an Order, the MCSA or any Schedule thereto will be deemed to refer to Public Sector Customer or Customer Representative, as applicable. This Schedule does not grant you access to the Databricks Services without mutual agreement to an Order and MCSA. Databricks will provide the Databricks Services exclusively in accordance with its obligations under federal law and regulations applicable to Databricks’ provision of the Databricks Services to its customers generally (including its obligations under FedRAMP and/or Impact Level), irrespective of Customer’s particular policies, regulations, requirements, configurations, or use of the services. Notwithstanding anything in any solicitation materials, Databricks Documentation is the definitive source for specifications related to Databricks Services. Further, Databricks does not operate any customer’s Platform Services and is not responsible for results obtained from the use of the Databricks Services or Deliverables, or for conclusions drawn from such use.
- Additional Definitions.
- “Customer Representative” means an organization authorized on behalf of a Public Sector Customer to purchase Databricks Services on its behalf, as designated in an applicable Order.
- “Federal Customer” means any United States federal government branch or agency Customer of Databricks Services subject to this Schedule, including agencies and departments from the Executive Branch, the Congress, or the Military.
- “Public Sector Customer” means any U.S. Federal Customer or other United States state or local government, or entity, authority, agency, or body exercising executive, legislative, judicial, regulatory or administrative functions of any such government, who purchases Databricks Services subject to this Schedule. Public Sector Customer(s) may include public hospitals and universities.
- Modification. Notwithstanding anything contained in any agreement or contract or the MCSA or any other Schedule, you agree as follows:
- U.S. Government License Rights. If Customer is a Federal Customer, or the Agreement otherwise becomes subject to the Federal Acquisition Regulation (FAR), Customer acknowledges and agrees that the Platform Services (including PVC Services, as applicable), Support Services (as applicable), and accompanying documentation constitute "commercial computer software" and "commercial computer software documentation", respectively, provided as “Commercial Products”, “Commercial Computer Software”, or “Commercial Services” each as defined in FAR 2.101. The Platform Services (including PVC Services, as applicable), Support Services (as applicable), and accompanying documentation have been developed solely at private expense, and as set forth in FAR 12.212 and DFARS Section 227.7202, any use, modification, reproduction release, performance, display or disclosure thereof shall be solely in accordance with the terms of the MCSA as modified by this Schedule.
- Customer Representative Obligations. Customer Representative will have no rights to the Databricks Services if purchasing Databricks Services on behalf of a Public Sector Customer except to the extent that a Public Sector Customer provides access to Customer Representative as its Authorized User. Customer Representative agrees to bind Public Sector Customer to the terms of the Agreement, including this Schedule, and will ensure that Databricks will be a third-party beneficiary to such agreement. Customer Representative acknowledges that submission of a purchase order or Order to Databricks will be deemed to be a representation to Databricks that the applicable Public Sector Customer has assented to the terms of the Agreement. Customer Representative will use commercially reasonable efforts to enforce the terms of the Agreement in the event it becomes aware that the Public Sector Customer has breached any terms and conditions of the Agreement where such breach adversely affects Databricks’ rights or contractual protections. Customer Representative will notify Databricks promptly upon learning of any such breach.
- Acceptance. Any Advisory Services or Training Services shall be deemed accepted upon delivery.
- Confidentiality. While Databricks acknowledges that contracting documents may be subject to the Freedom of Information Act, similar applicable state or local law, or a court of appropriate jurisdiction (collectively referred to as “FOIA”), information provided by Databricks that is customarily kept private or closely held (whether or not marked as such) is provided under an express assurance of confidentiality by the Public Sector Customer. Prior to release of any Confidential Information in response to a FOIA request, Public Sector Customer shall make best efforts to provide Databricks the opportunity to redact any confidential information that is subject to an exemption under FOIA or other similar state or local law.
- Equitable Relief. Orders entered into directly with Databricks by a Federal Customer subject to this Schedule will only allow equitable relief when explicitly provided by statute (e.g., Prompt Payment Act or Equal Access to Justice Act).
- Auto Renewal, Customer Responsibility, and Indemnification. If you are a Public Sector Customer subject to the United States Anti-Deficiency Act or similar statutory or regulatory limitations on fees or payment absent approved allocation or appropriation of funding, any (a) auto-renewal of Databricks Services, (b) penalty fees or interest accrual associated with late payment, or (c) Customer indemnification obligations in the Agreement, will be deemed inapplicable, provided that indemnification obligations will be replaced by liability to Databricks as follows. Subject to the Disputes section of this Schedule, Public Sector Customer agrees to be liable to Databricks without limitation for: (i) any claim, demand, suit or proceeding made or brought against Databricks by a third party arising from or related to (x) Customer’s use of the Databricks Services in violation of any applicable law, regulation, rule, or order; the rights of a third party; the Public Sector Customer’s obligations to a third party, or the Agreement; (y) Customer Content, Customer Materials or the use of either with the Databricks Services (collectively, a “Data Claim”); and (z) with respect to any claims, damages, or costs incurred by Databricks, its affiliates, cloud service providers, or other third parties arising from the unauthorized release or spillage of classified information caused by the Government, its agents, or subcontractors. Any clause in the Agreement requiring Databricks to defend or indemnify a Public Sector Customer is hereby amended solely to the extent that (a) the U.S. Department of Justice has the sole right to represent the Federal Customers in any such action in accordance with 28 U.S.C. 516, and (b) representation on behalf of Public Sector Customers may lie solely with the applicable state attorney general’s office if you are a state or local government entity.
- Governing Law. Orders with Federal Customers will be governed by and construed in accordance with the laws of the United States, and venue and jurisdiction of any dispute will be determined by applicable federal statute. If the federal laws of the United States are not dispositive, then to the extent permitted by federal law, the Agreement will be governed by the laws of the State of Delaware, excluding its conflict of law principles. If you are a state or local government entity (including public hospitals and universities) the Agreement is governed by the laws of your state, excluding its conflict of laws principles. In the event the Uniform Computer Information Transactions Act (UCITA) or any similar laws or regulations are enacted, to the extent allowed by law, such law or regulation will not apply to the Agreement, and the governing law will remain as if such law or regulation had not been enacted. The Agreement does not affect statutory rights that cannot be waived or changed by contract.
- Disputes. Contract disputes between Databricks and any Federal Customer will be resolved exclusively under the terms and procedures of the Contract Disputes Act (41 U.S.C. Chapter 71).
- Assignment. If you are a Federal Customer purchasing directly from Databricks, then except to the extent transfer may not be legally restricted, you may not assign the Agreement, any Order, or any right or obligation under the Agreement, or delegate any performance, without Databricks’ prior written consent, which consent will not be unreasonably withheld. Databricks may assign its right to receive payment in accordance with the Assignment of Claims Act (31 U.S.C. 3727) and FAR 52.212-4(b), and may assign the Agreement to the extent not prohibited by the Anti-Assignment Act (41 U.S.C. 15). Subject to the requirements of FAR 42.12 (Novation and Change-of-Name Agreements), you agree to recognize Databricks’ successor in interest following a transfer of assets or a change in name. Any attempted assignment or transfer in violation of the foregoing will be void. Subject to the foregoing, the Agreement will be binding upon and will inure to the benefit of the parties and their respective successors and assigns.
- Taxes. References to taxes payable by Customer will not apply to Public Sector customers’ purchases of Databricks Services to the extent you are exempt from such taxes, provided that you agree to provide documentation reasonably acceptable to Databricks evidencing your tax-exempt status.
- Publicity. With Customer’s prior written consent (not to be unreasonably withheld), Databricks may use Customer's name and logo for public identification as a customer and a general statement that Customer has selected Databricks as its data platform.
- Reseller. For any orders fulfilled through a third party, Databricks may share your consumption metrics with the reseller to support order fulfillment, provided that consumption metrics are treated as Confidential Information.
- Invoicing and Payment. All sums are non-refundable once paid, and products subject to upfront payment are non-cancellable once procured subject to a binding agreement or contract. Unless expressly stated otherwise, all Commit, Support, and Subscriptions are payable in full upfront in U.S. Dollars on a Net 30 basis. In the absence of an Order Form, payment shall be made according to the payment schedule in the applicable Public Sector Customer agreement or contract.
Last updated May 7, 2026. For earlier versions, please send a request to [email protected] (with “TOS Request” in the subject).