This Master Cloud Services Agreement (the “MCSA”) is entered into as of the Effective Date between Databricks, Inc. (“Databricks” or “we“) and Customer (as defined below) and governs Customer’s use of the Databricks Services, including the right to access and use the Databricks data processing platform services (the “Platform Services“), on each cloud service where Databricks directly provides customers with access to such Platform Services. Please see the Cloud Provider Directory for information relating to these available Cloud Service Providers. For the avoidance of doubt, this Agreement does not govern the use of Databricks Powered Services (as defined below), the use of which is governed by a direct contract between the user and the third party offering the Databricks Powered Service. Unless otherwise indicated, capitalized terms have the meaning assigned to them in this MCSA or in an incorporated Schedule.
If you are entering into this MCSA on behalf of a company (such as your employer) or other legal entity, you represent and warrant that You are authorized to bind that entity to this MCSA, in which case “Customer,” “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 any provision of this MCSA, you must not accept this MCSA and may not use the Databricks Services.
By accepting this MCSA, either by executing this MCSA, an Order Form, or another agreement that explicitly incorporates this MCSA by reference, Customer, on behalf of itself and any Affiliates, enters into the MCSA and the following Schedules, each of which are incorporated into the MCSA and apply to the provision of the applicable Databricks Services upon your ordering such service:
Your Order Form (whether entered into directly with Databricks or through a reseller purchasing via a marketplace or similar authorized model) may include specific terms governing the Databricks Services you have ordered, which may include one or more of the following: (a) the Platform Services, (b) contractual volume-based commitment arrangements applicable to any Platform Services or Databricks Powered Service indicated in an Order Form (“Universal Usage Commitment“), (c) support services (“Support Services“), (d) training services (the “Training Services“), or (e) advisory services (the “Advisory Services,” and together with any other services provided by Databricks, (a), (b), (c), (d) and (e) shall be defined as the “Databricks Services“). You acknowledge that any Order Form entered into via a reseller is subject to Databricks’ prior approval and agree that no term in any such Order Form will be deemed to modify the Agreement unless pre-authorized in writing by Databricks.