The Terms

Databricks Free Edition is the no-charge version of portions of the cloud-based Databricks Data Intelligence Platform (the “Free Edition Services”), which enables data analysts and others to easily tap the power of certain proprietary Databricks functionality.

1. You agree to these Terms with Databricks. By accessing and using the Free Edition Services, you agree to comply with these Databricks Free Edition Terms (the “Terms”). These Terms create a binding agreement between you and Databricks, Inc. and its affiliates (“Databricks,” “we,” “us,” and “our”). When we say “you,” “your,” and “yours,” we mean you as an individual. You also agree that the Free Edition Acceptable Use Policy (“AUP”) applies to your use of the Free Edition Services and that you will only use the Free Edition Services in accordance with the AUP. If you are using the Free 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 both you and that entity. You also agree that our current Privacy Notice applies to your use of the Free Edition Services.
2. Databricks may change these Terms. These Terms are subject to change, please look at them regularly. We will always post the current version on our website, which will include the date the Terms were last updated. Changes will not apply retroactively. Your use of the Free Edition Services will be considered your acceptance of the current version of the Terms available at that time. Except for changes to these Terms by us, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
3. Your use of the Free Edition Services must comply with the following obligations. 
   3.1 Your use of the Free Edition Services must be personal and not-for-profit. You agree to use the Free Edition Services only for the following purposes: (a) for your own internal, personal, academic, or not-for-profit purposes, including non-commercial research, educational activities, or other non-profit initiatives; or (b) on behalf of or for the benefit of third parties only if such use is strictly not-for-profit. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Free Edition Services.
   
   3.2. Your use of the Free Edition Services must comply with the law. You will only use the Free Edition Services in a manner that complies with all applicable laws and regulations. By agreeing to these terms, you affirm that you are legally permitted to use Free Edition Services and that your use of Free Edition Services would not violate any applicable laws, including applicable sanctions and export controls. You also affirm that you are not an individual or entity that is, or is owned or controlled by an individual or entity that is (a) the target of sanctions or (b) located or organized in a country or territory that is the target of sanctions. If your use of the Free Edition Services is prohibited by applicable laws or regulations, then you are not authorized to use the Free Edition Services. We are not responsible if you use the Free Edition Services in a way that violates any laws or regulations. Registration for any account is void where you lack the requisite eligibility for registration or for entering into a legally binding contract (for example, if you are not at least 18 years of age), or if such registration is otherwise prohibited.   
   
   3.3. You must protect your account, and you are responsible for all activity associated with your use of the Free Edition Services. You are the only person authorized to use your account, you may not share your account or password with anyone, and you must protect the security of your account and your password. You are responsible for any activity associated with your account, including any loss or damage arising from your use. You agree to notify Databricks immediately of any unauthorized use of your account or password, or any other breach of security. Databricks will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Databricks or another party due to someone else using your account or password. You may not use anyone else's account at any time unless we expressly pre-approve such use. 
   
   Additionally, in order to facilitate the sharing and widespread use of the Free Edition Services, we enable you, if you choose, to share Your Content with others. 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.
   
   3.4. You are responsible for all of Your Content. You are responsible for all data that you submit or otherwise make available in any way to the Free Edition Services and any notebooks that you create within or upload to the Free Edition Services (“Your Content”), and you represent and warrant that you have all rights necessary to do so. You have no obligation to provide content to our services, and you are free to choose the content that you want to provide. If you choose to upload or share data, please make sure you have the necessary rights to do so and that the data is lawful.
4. You acknowledge that the Free Edition Services do not include the advanced security capabilities offered to our enterprise customers. In order for us to provide the Free Edition Services to you at no charge, we have implemented certain cost-saving elements within the architecture of the Free Edition Services including, among other things, the use of a multi-tenant environment with limited data security protections.  In addition, Databricks personnel have access to your account and any data used with or exposed to the Free Edition Services.  Therefore, you should have no expectation of privacy regarding Your Content, and you must limit Your Content to only that data and other information that you can afford to lose, or have accessed, used, obtained, or disseminated by other parties.
5. Databricks may change the Free Edition Services. We are always trying to improve the Free Edition Services, so they may change over time. These changes may happen for numerous reasons, for example, to adapt to new technologies, to prevent abuse or harm, and to address legal, regulatory, or security updates. We may also change the Free Edition Services to address any associated costs, such as by moving how and where data associated with the Free Edition Services is stored and processed. The Free Edition Services are currently made available at no cost. In the future, we may charge a monetary fee for using the Free Edition Services or provide a paid version in addition to a no-cost version. If we start charging a monetary fee for using the Free Edition Services or make a paid version available, users will be notified in advance and will be free to discontinue their use of any such Free Edition Services before incurring any such fees.
6. You grant Databricks a license to use Your Content. You grant Databricks a royalty-free, perpetual, irrevocable, and worldwide license that covers any use (including relicensing and redistribution) of Your Content or any data, information, or code associated with your use of Free Edition Services. This license allows us to do things such as operate and improve the Free Edition Services and other services, develop new technologies and services, train and improve AI models, market our products and services, and customize the services for you.  If you choose to give us feedback, such as suggestions to improve our services, we may act on your feedback without any obligation to you.
7. You can stop using the Free Edition Services at any time for any reason. You are free to stop using the Free Edition Services at any time; please refer to our Privacy Notice to understand how we treat information you provide to us after you have stopped using the Free Edition Services. Account termination may result in the destruction of Your Content associated with your account, so keep that in mind before you decide to terminate your account.
8. Databricks can stop providing the Free Edition Services or delete Your Content at any time for any reason. We reserve the right, in our sole discretion, to cancel, terminate, modify, or suspend the Free Edition Services at any time, with or without notice. We may also terminate (or suspend access to) your use of the Free Edition Services or your account (including any associated data) or remove any of Your Content from the Free Edition Services at any time and without prior notice for any reason, including (a) if your use or Your Content is in breach of these Terms or any applicable laws or regulations or (b) for inactivity (as described in the AUP). Databricks has the sole right to decide whether you or Your Content are in violation of these Terms and if your account is inactive. 
9. Databricks’ liability for the Free Edition Services is limited, and you have indemnification obligations to Databricks.
   
   9.1. You must indemnify Databricks for harm arising out of your use of the Free Edition Services. To the fullest extent allowed by applicable law, you will defend, indemnify, and hold Databricks, its investors, directors, officers, agents, employees, representatives, and affiliates harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any third-party claims (including from other users) relating to (a) Your Content, (b) your use of the Free Edition Services (including any actions taken by a third party using your account), (c) your violation of these Terms, or (d) your violation of any law, regulation, or other party’s rights. We reserve the right, however, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim. In no event may you agree to any settlement affecting us without our prior written consent.
   
   9.2. Databricks disclaims all warranties related to the Free Edition Services. The Free Edition Services are provided by us on an “as-is” basis, without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, non-interruption, accuracy, data location, data retention, or data security. We cannot and do not guarantee that any defects, errors, or omissions will be corrected, regardless of whether we are aware of those defects, errors, or omissions.
   
   9.3. Databricks’ liability to you is limited. To the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including tort, contract, negligence, strict liability, or otherwise) will Databricks or its affiliates, subsidiaries, and related companies, or their respective officers, directors, employees, representatives, and agents, be liable to you or to any other person for (a) any indirect, special, incidental, punitive, exemplary, or consequential damages of any kind, including damages for lost business or profits, loss of goodwill, data, or use, work stoppage, accuracy of results, or computer failure or malfunction regardless of whether Databricks has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose, or (b) any amount, in the aggregate, in excess of the greater of (i) $100 or (ii) the amounts paid by you to Databricks in connection with the Free Edition Services in the twelve (12) months preceding the applicable claim, or (c) any matter beyond our reasonable control. To the extent the applicable jurisdiction does not allow the exclusion or limitation of damages in this section, our liability will be further limited to the greatest extent permitted by law.
10. Additional information about these Terms.
    10.1. These Terms make up the entire agreement between you and Databricks concerning the Free Edition Services and these Terms do not create any obligations to any third parties, even if such parties benefit from your use of the Free Edition Services.
    10.2. 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.
    10.3. If you do not comply with these Terms, and we do not take action right away, this does not mean that we are giving up any rights that we may have (such as taking action in the future).
    10.4. If a particular provision of these Terms is unenforceable, it will not affect any other provision and will be substituted with an enforceable provision that reflects our intent as closely as possible.
    10.5. If these Terms conflict with any applicable service-specific terms, the additional terms will govern for that service with respect to the conflict.
    10.6. Provisions that, by their nature, should survive termination of these Terms will survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between you and Databricks.
    10.7. Databricks makes no representations that the Free Edition Services satisfy requirements under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) as it may be amended from time to time, and any regulations issued under it.
    10.8. The laws of Delaware, USA, will apply to any disputes arising out of or relating to these Terms or the Free Edition Services. All claims arising out of or relating to these Terms or the Free Edition Services will be litigated exclusively in the federal or state courts of Delaware, USA, and you and Databricks consent to personal jurisdiction in those courts.