Welcome to Databricks Community Edition! We are pleased to provide Databricks Community Edition (the “Community Edition Services”) at no charge to those interested in learning and exploring the use of Databricks’ cloud-based data analytics platform, which enables data analysts and others to easily tap the power of Apache Spark and Databricks’ other proprietary functionality. Your use of the Community Edition Services is governed by these Terms of Service, including the Arbitration Agreement (the “Terms”). If you are using the Community Edition Services on behalf of an organization, you represent and warrant that you are authorized to bind that entity to these Terms, in which case “you” or “your” will refer to that entity (otherwise, such terms refer to you as an individual). If you do not have authority to bind your entity or do not agree with these Terms, you must not accept these Terms and may not use the Community Edition Services. The effective date of these Terms is the earliest to occur of the date you explicitly accept these Terms, or the date you first access or use the Community Edition Services. BY CLICKING TO ACCEPT THESE TERMS OR USING THE COMMUNITY EDITION SERVICES, YOU ARE REPRESENTING THAT YOU HAVE CAREFULLY READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING WITHOUT LIMITATION THE ACCEPTABLE USE POLICY, THE SECTION TITLED “YOUR DATA AND USE OF COMMUNITY EDITION - RESTRICTIONS APPLY” AND THE SECTION REGARDING MANDATORY, BINDING ARBITRATION OF DISPUTES ENTITLED “DISPUTES; BINDING ARBITRATION AND CLASS ACTION WAIVER”.
YOUR DATA AND USE OF COMMUNITY EDITION – RESTRICTIONS APPLY
There Are Strict Limits On What Your Data Can Include. In order for us to provide the Community Edition Services to you at no charge, we have implemented certain cost saving elements within the architecture of the Community Edition Services including, among other things, the use of a multi-tenant environment with limited data security protections. In addition, Databricks personnel have generally unrestricted access to your account (“Your Account”) and any data used or exposed to the Community Edition Services for the purposes of monitoring and improving the quality of the service. Therefore, you should have no expectation of privacy regarding the data you submit or otherwise make available in any way to the Community Edition Services (collectively, “Your Data”) or the notebooks you create within or upload to the Community Edition Services (“Your Notebooks”, and collectively with Your Data, “Your Content”) and you must limit Your Content to only that data and other information that you can afford to lose, or have accessed, obtained or disseminated by other parties. Without limiting the foregoing, under no circumstances are you permitted to use with or make available to the Community Edition Services (such data, “Prohibited Data”):
You Must Protect Access to Your Account and to Your Content. You are responsible for safeguarding your password and you must make sure no one else has access to it. Additionally, in order to facilitate the sharing and widespread use of the Community Edition Services, we enable you, at your discretion, to share with others access to Your Content. You bear sole responsibility for protecting access to Your Content and for any and all liabilities that may result from the misuse of any sharing privileges granted by you to others. You agree and acknowledge Databricks has a passive role in the transmission, reception and use of Your Content, and Databricks does not take any initiative in the transmission, reception, or use of Your Content. Moreover, as between you and Databricks, you agree and acknowledge that you are solely responsible for your use of Your Content and that Databricks cannot supervise, control, direct, choose, verify, investigate, or evaluate Your Content or your actions with respect to Your Content that you transmit or receive using the Community Edition Services. You acknowledge that we may (but are not obligated to) remove or disable access to any of Your Content, or interrupt any or all services, at any time at our own discretion. You understand and acknowledge that we have the right (but no obligation) to do so if we believe, or are notified, that you have breached any provision of this Agreement (including copyright breach), or if we discontinue or restrict the service that enables you to transmit or receive Your Content. Limits Apply to How You Can Use the Community Edition Services. You agree that your use of the Community Edition Services is subject to the Acceptable Use Policy.
DATABRICKS’ LEGAL PROTECTIONS & OTHER PROVISIONS
Databricks Intellectual Property Rights. The Community Edition Services are protected in various ways by copyright, trademark, and other laws of the United States and other countries. These Terms don’t grant you any rights to use of Databricks’ intellectual property, including trademarks, logos and other brand features, except those rights necessary for you to use the Community Edition Services as contemplated under these Terms. Databricks welcomes your feedback but please note that we may use your comments and suggestions freely to improve the Community Edition Services or any of our other products or services, and accordingly you hereby grant Databricks a perpetual, irrevocable, non-exclusive, worldwide, fully-paid, sub-licensable, assignable license to incorporate into the Community Edition Services or otherwise use any feedback Databricks receives from you. The Community Edition Services are Provided “As Is” With No Warranty. Databricks cannot provide guarantees regarding the Community Edition Services. TO THE FULLEST EXTENT PERMITTED BY LAW, DATABRICKS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SERVICES, WHICH ARE PROVIDED “AS IS.” WE DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NON-INTERRUPTION, ACCURACY OR DATA SECURITY. Some jurisdictions don’t allow certain of these disclaimers, so they may not apply to you. We Require Your Indemnification. You understand and agree that Databricks bears no liability whatsoever in the event you violate the restrictions and obligations imposed by these Terms regarding your use of the Community Edition Services or for the loss of, or unauthorized access to, Your Data, and that Databricks’ willingness and ability to provide access to you to the Community Edition Services at no charge is contingent upon this understanding, and upon your accepting and adhering to all other provisions of these Terms. You agree to indemnify, defend and hold harmless each of Databricks and its investors, directors, officers, employees, representatives and affiliates from any claims, costs, damages, liabilities or expenses (including reasonable attorneys’ fees) arising out of any third party claim alleging that Your Data or your use of our services infringes the rights of, or has caused harm to, any party, or violates any law or regulation. Limitation on Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL DATABRICKS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS OR PROFITS, REGARDLESS OF LEGAL THEORY, REGARDLESS OF WHETHER DATABRICKS HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. ADDITIONALLY, DATABRICKS’ AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF THE TOTAL OF ANY AMOUNTS YOU MAY HAVE PAID US IN FEES FOR ANY SERVICE IN THE SIX MONTHS IMMEDIATELY PRIOR TO THE EVENT FIRST GIVING RISE TO ANY SUCH LIABILITY OR $500 (FIVE HUNDRED DOLLARS). THE FOREGOING LIMITATIONS AND EXCLUSIONS SHALL NOT APPLY WITH RESPECT TO ANY LIABILITY ARISING UNDER FRAUD, FRAUDULENT MISREPRESENTATION, GROSS NEGLIGENCE, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW. Some jurisdictions don’t allow the types of limitations in this paragraph, so they may not apply to you. IN THESE JURISDICTIONS, EACH PARTY’S LIABILITY WILL BE FURTHER LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. You agree that this limitation of liability section is intended to allocate the risks between the parties, and that but for this limitation of liability, Databricks would not make available the Community Edition Services. Entire Agreement; No Third Party Rights. These Terms constitute the entire agreement between you and Databricks concerning the Community Edition Services and these Terms create no third party beneficiary rights. Termination, Modification, Waiver & Assignment. Either of us may suspend or terminate your use of the Community Edition Services or delete Your Account or Your Content at any time and for any reason (including without limitation for any suspected violations of the Acceptable Use Policy); however, obligations of these Terms that by their nature should survive termination shall so survive. In addition, we may revise these Terms from time to time, and will always post the most current version on our website. If we elect to terminate your access to the Community Edition Services or delete Your Account or Your Content, or if a revision of these Terms meaningfully reduces your rights, we will make a reasonable attempt to notify you (by, for example, sending a message to the email address associated with your account or posting for a reasonable time period a message to the login page of the Community Edition Services) unless Databricks deems it necessary to suspend or terminate Your Account without notice. By continuing to use or access the Community Edition Services after the revisions come into effect, you agree to be bound by the revised Terms. Databricks' failure to enforce a provision of these Terms is not a waiver of its right to do so later. If a provision of these Terms is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible, provided that questions of unenforceability regarding the Arbitration Agreement shall be resolved according to the Severability Section of the Arbitration Agreement. You may not assign or transfer any of your rights under these Terms, and any such attempt will be void. Databricks may assign these Terms and/or its rights under these Terms to any of its affiliates or to any successor in interest.
DISPUTES; BINDING ARBITRATION AND CLASS ACTION WAIVER
Informal Resolution. You agree with us that, if either of us has concerns, we must first work together to resolve any dispute informally without resorting to legal action. You agree to contact us at [email protected] in the event you have a dispute prior to bringing a formal claim against Databricks. If the dispute is not resolved within 30 calendar days from the notice date, either of us may bring a claim subject to the procedures set forth below. You and Databricks agree to the jurisdiction of the Northern District of California to resolve any dispute, claim, or controversy that relates to or arises in connection with these Terms (and any non-contractual disputes/claims relating to or arising in connection with them) and is not subject to mandatory arbitration as set forth below (the “Arbitration Agreement”). Any disputes not subject to mandatory arbitration are subject to the laws of the state of California, without regard to choice or conflicts of law principles. Arbitration Agreement. If you are located within the United States, you and Databricks agree that any dispute, claim, or controversy between you and Databricks arising in connection with or relating in any way to these Terms or to your relationship with Databricks as a user of the Community Edition Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by mandatory binding individual (not class) arbitration. You and Databricks further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. The Arbitration Agreement will survive termination of the Terms. You and Databricks agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of the Arbitration Agreement (despite the choice of law provision above). Exceptions to Arbitration. Notwithstanding the prior clause, you and Databricks both agree that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S. small claims court or (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. In addition, this Arbitration Agreement doesn’t stop you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa). Prohibition of Class and Representative Actions and Non-Individualized Relief. You and Databricks agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Databricks agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator(s) may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other Databricks customers. Arbitration Procedures. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator(s) can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator(s) also must follow the terms of these Terms as a court would. The arbitration will be conducted by the American Arbitration Association (referred to as the "AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), unless you have accepted these Terms as a representative of a business entity, in which case AAA’s Commercial Arbitration Rules shall govern (as applicable), in each case as modified by this Arbitration Agreement. The AAA's rules and forms to commence arbitration are available at www.adr.org. A party who intends to seek arbitration must first send the other party, if to Databricks, by certified mail, a completed Demand for Arbitration. You should send this notice to Databricks at: Databricks, Inc., Attn: Legal Department, Re: Demand for Arbitration, 160 Spear St., Ste. 1300, San Francisco, CA 94105 USA (with a copy to [email protected]). Databricks will send any notice to you to the address we have on file associated with your Databricks account (which may solely be at your account email address); it is your responsibility to keep your address up to date. All information called for in the notice must be provided including a description of the nature and basis of the claims the party is asserting and the relief sought. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Databricks may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Databricks subject to the discretion of the arbitrator(s) to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Databricks may attend by telephone, unless the arbitrator(s) require otherwise. Any settlement offer made by you or Databricks shall not be disclosed to the arbitrator(s). The arbitrator(s) will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator(s) shall not be bound by rulings in prior arbitrations involving different Databricks customers, but is/are bound by rulings in prior arbitrations involving the same Databricks customer to the extent required by applicable law. The award of the arbitrator(s) shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules (either Consumer or Commercial, as applicable), unless otherwise stated in this Arbitration Agreement. If the value of the relief sought by an individual is $10,000 or less, at your request, Databricks will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by Databricks should be submitted by mail to the AAA along with your Demand for Arbitration and Databricks will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought by an individual is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, Databricks will pay as much of the filing, administration, and arbitrator fees as the arbitrator(s) deem necessary to prevent the cost of accessing the arbitration from being prohibitive. In the event the arbitrator(s) determine the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Databricks for all fees associated with the arbitration paid by Databricks on your behalf that you otherwise would be obligated to pay under the AAA's rules. Severability. With the exception of any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section above, if a court decides that any part of this Arbitration Agreement is invalid or unenforceable, the other parts of this Arbitration Agreement shall still apply. If a court decides that any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section above is invalid or unenforceable because it would prevent the exercise of a non-waivable right to pursue public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in court; in such case you irrevocably consent to the personal jurisdiction of the state and federal courts in the Northern District of California and such dispute shall be governed by the laws of the state of California, without regard to choice or conflicts of law principles. All other disputes subject to arbitration under the terms of the Arbitration Agreement shall be arbitrated under its terms. Amendments to Arbitration Agreement. Notwithstanding any provision in the Terms to the contrary, you and we agree that if we make any amendment to this Arbitration Agreement (other than an amendment to any notice address or website link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Databricks prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by this Arbitration Agreement that have arisen or may arise between you and Databricks. We will notify you of amendments to this Arbitration Agreement by posting the amended terms on https://www.databricks.com/ce-termsofuse at least 30 days before the effective date of the amendments and by providing notice through email where possible. If you do not agree to these amended terms, you may close Your Account within the 30-day period and you will not be bound by the amended terms. Last Updated April 9, 2019