Last Updated: March 7, 2022
These U.S. SnowGov Region Terms of Service (“Terms”) take effect as of the date the Order Form or other agreement that references these Terms becomes binding (“Effective Date”). These Terms supplement and amend the agreement by and between Customer and Snowflake governing Customer’s use of the Service (“Agreement”). These Terms only apply to direct transactions with Snowflake. If you purchased or intend to purchase Snowflake services through a Snowflake authorized reseller, please contact your reseller for instructions on how to access the U.S. SnowGov Regions. All capitalized terms not otherwise defined in these Terms shall have the meanings ascribed to such terms in the Agreement or Order Form, as applicable, or if not defined in these Terms, Agreement or Order Form, then as defined in the Snowflake Terms of Service (currently available at https://www.snowflake.com/legal/terms-of-service/). By entering into the Order Form or other agreement that references these Terms, you represent to Snowflake that you have the legal authority to bind the Customer to these Terms.
1. NEW DEFINED TERMS. The following new defined terms are added to the Agreement:
1.1. “Classified Data” means data that has been classified by the U.S. government as “Confidential,” “Secret,” or “Top Secret” as defined in Executive Order 13526, Section 1.2a, or as otherwise deemed by the U.S. government to require special clearance for use, access, or maintenance.
1.2. “Covered Defense Information” or “CDI” has the meaning as defined in DFARS 252.204-7012 which, for the avoidance of doubt, includes Department of Defense Controlled Unclassified Information as that term is used in DoD Instruction 5200.48, Controlled Unclassified Information («DoD CUI«), when handled by or on behalf of a contractor in support of performance of a contract with the Department of Defense.
1.3. “Controlled Unclassified Information” or “CUI” has the meaning as defined in 32 C.F.R. § 2002.4(h).
1.4. “DFARS” means the Defense Federal Acquisition Regulation Supplement as defined in 48 C.F.R. Chapter 2.
1.5. “FedRAMP” means the Federal Risk and Authorization Management Program.
1.6. “ITAR” means the International Traffic in Arms Regulations, as defined in 22 C.F.R. Subpart M.
1.7. “U.S. Person” means a U.S. Person as defined in 22 C.F.R. § 120.15.
1.8. “U.S. Government Customer” means a Snowflake Customer that is: (a) a U.S. Federal, state, or local government entity; (b) a tribal government entity; or (c) a commercial entity that is required to process data provided by an entity under Subsection (a) and/or (b) to perform a contract with such entity.
1.9. “U.S. SnowGov Account” means Customer’s Account when hosted in any U.S. SnowGov Region.
1.10. “U.S. SnowGov Region” means Snowflake’s Microsoft Azure Government (US Gov Virginia or successor designation) deployment (“SnowGov Azure Deployment”), Snowflake’s Amazon Web Services GovCloud (US Gov West 1 or successor designation) deployment, and other Snowflake non-commercial deployments that are expressly designated by Snowflake for use by U.S. Government Customers, as set forth in the Documentation.
2. SCOPE. These Terms apply to Customer’s use of and access to the Service when hosted in any U.S. SnowGov Region.
3. AUTHORIZED CUSTOMERS.
3.1. U.S. Government Customer Use. Use of and access to the Service when hosted in any U.S. SnowGov Region is limited to U.S. Government Customers.
3.2. Exception. Snowflake may, in its sole discretion, expressly permit a Customer that is not a U.S. Government Customer to use and access the Service when hosted in a U.S. SnowGov Region. In such case, Customer understands and agrees that Customer’s use of and access to the Service when hosted in any U.S. SnowGov Region may, upon notice, be modified or terminated by Snowflake: (i) in order for Snowflake to comply with FedRAMP (or its successor); (ii) in order for Snowflake to maintain its existing authorizations (or successor or equivalent authorizations) or to obtain a higher authorization, certification or compliance level; (iii) as directed or required by the underlying cloud service provider; and/or (iv) as required by applicable laws and regulations.\
3.3. Prohibited Use. Use of and access to the Service when hosted in any U.S. SnowGov Region other than in accordance with Sections 3.1 and 3.2 is strictly prohibited. Any such use shall be deemed a breach of these Terms and the Agreement and Snowflake reserves the right to immediately terminate all such unauthorized use.
4.1. Notwithstanding any provision to the contrary in the Agreement, but expressly subject to these Terms, Customer may upload Customer Data that is subject to ITAR in its U.S. SnowGov Account(s) and Customer Data that qualifies as CUI, provided the Customer Data does not qualify as Classified Data, CDI or DoD CUI.
4.2. Customer may not upload Customer Data that qualifies as CDI in its U.S. SnowGov Account(s) unless and until Customer agrees to any additional terms and conditions required by Snowflake.
4.3. Customer may not place any Classified Data in its U.S. SnowGov Account(s). Customer will be solely responsible for sanitization costs incurred by Snowflake and its subcontractors, regardless of any limitation of liability or damages caps in the Agreement or these Terms if Customer introduces Classified Data or CDI (unless and until Customer agrees to any additional terms and conditions required by Snowflake) into its U.S. SnowGov Account(s) or uses the Service in connection with Classified Data or CDI (unless and until Customer agrees to any additional terms and conditions required by Snowflake).
5. Snowflake Obligations. Snowflake maintains a documented security program for the U.S. SnowGov Regions under which Snowflake has implemented and maintains administrative, physical, and technical safeguards designed to protect the confidentiality, integrity, and availability of the Service and Customer Data in accordance with the Security Addendum (the “U.S. SnowGov Security Program”).
5.1. Snowflake has obtained FedRAMP authorizations for the Service when hosted in certain U.S. SnowGov Regions, as further detailed in the Security Addendum and/or Documentation. For so long as Customer is using the Service pursuant to these Terms in such FedRAMP-authorized U.S. SnowGov Regions, Snowflake will use commercially reasonable efforts to maintain its FedRAMP authorizations in effect as of the Effective Date (or successor or equivalent authorizations, as reasonably determined by Snowflake) at the current or a higher authorization level.
5.2. As part of the U.S. SnowGov Security Program, Snowflake will: (i) limit its access to the U.S. SnowGov Regions to Snowflake personnel (including employees and subcontractors) that are lawfully permitted to access ITAR data; and (ii) use commercially reasonable efforts to provide at least the same level of protection as required by its FedRAMP authorizations in effect as of the Effective Date (or successor or equivalent authorizations, as reasonably determined by Snowflake).
6. Customer Obligations – Snowflake Service Hosted in the SnowGov Azure Deployment
6.1. For Customer to use a U.S. SnowGov Account hosted in the SnowGov Azure Deployment, Customer must comply with Microsoft requirements by seeking approval from Microsoft through the Microsoft Government validation process (currently available at:
https://azure.microsoft.com/en-us/global-infrastructure/government/request/?ReqType=General). Customer must obtain Microsoft’s written approval of eligibility before Customer’s creation of a U.S. SnowGov Account hosted in the SnowGov Azure Deployment and is required to provide evidence to Snowflake’s reasonable satisfaction to support Customer’s compliance with this Section.
6.2. Notwithstanding anything to the contrary in the Agreement or DPA, while Customer’s U.S. SnowGov Account in the SnowGov Azure Deployment may be configured by Customer to support compliance with certain non-U.S. laws, such as the EU’s General Data Protection Regulation, any terms in the Agreement or DPA regarding compliance with non-U.S. laws will not apply to Customer’s use of its U.S. SnowGov Account in the SnowGov Azure Deployment.
6.3. Notwithstanding anything to the contrary in the Agreement, except for Excluded Claims, each party’s aggregate maximum liability in connection with these Terms shall not exceed the total amount Customer has consumed in its U.S. SnowGov Account in the SnowGov Azure Deployment during the twelve (12) months preceding the relevant claim. In no event will either party be liable for indirect, incidental, special, punitive, or consequential damages, or for loss of use, loss of business information, loss of revenue, or interruption of business, however caused or on any theory of liability.
7. Customer Obligations Generally – Snowflake Service Hosted in the U.S. SnowGov Regions:
7.1. Customer represents, warrants, and agrees that it: (i) is a U.S. Person; (ii) is opening the U.S. SnowGov Account on behalf of an entity that is a U.S. Person; and (iii) will only assign an employee of Customer or Customer Contractor who is a U.S. Person as its U.S. SnowGov Account administrator.
7.2. Subject to Section 4 (Workloads) above, Customer represents and warrants that the U.S. SnowGov Account satisfies the requirements imposed on Customer with respect to Customer Data that is subject to ITAR and Customer Data that qualifies as CUI.
7.3. Customer represents and warrants that it is not subject to U.S. export restrictions or sanctions and is not suspended or debarred from contracting with any U.S. governmental entities. Customer will ensure that its use of the Service in the U.S. SnowGov Region complies with applicable U.S. export control laws, including properly managing: (i) access to the U.S. SnowGov Account, (ii) application of appropriate encryption safeguards, and (iii) the movement of Customer Data outside of a U.S. SnowGov Region (including through the use of replication or data sharing features). Customer will, if required by ITAR, have and maintain a valid Directorate of Defense Trade Controls registration and effective compliance program to ensure compliance with ITAR. If requested by Snowflake, Customer agrees to provide Snowflake with documentation and cooperation to verify the accuracy of the representations and warranties set forth in Sections 6.1 and 6.2.
7.4. The Documentation explains how the Service operates in the U.S. SnowGov Regions, including the availability and operation of certain Service features. For example, certain Usage Data may leave the U.S. SnowGov Regions. Customer is responsible for reading, understanding, and complying with the Documentation.
7.5. As described in the Documentation, Customer may have the ability to turn off features when using the Service in the U.S. SnowGov Regions. Disabling or turning off such features may impact the functionality and/or performance of the Service.
8. Support. Customer understands and agrees that, upon execution of these Terms, Snowflake support will be provided during Business Hours for the North America Region for all Customer Accounts, except in connection with Severity Level 1 Errors and unless otherwise agreed in writing by the parties. Snowflake support for U.S. SnowGov Accounts will be provided by persons who are lawfully permitted to access ITAR data in accordance with the Support Policy, provided that Customer submits support requests through a support ticket and indicates in such support ticket that it has a U.S. SnowGov Account. Notwithstanding anything in the Support Policy to the contrary, Customer may not submit support requests, including security-related questions or concerns, via email or phone if Customer requires support to be provided by persons who are lawfully permitted to access ITAR data.
9.1. Term. These Terms are effective as of the Effective Date and will remain in effect for so long as Customer is using the Service in the U.S. SnowGov Region, unless terminated earlier in accordance with the Agreement. These Terms and/or any access to the U.S. SnowGov Regions may be immediately terminated by Snowflake if Customer ceases to meet applicable eligibility requirements for any deployment in the U.S. SnowGov Region.
9.2. Assignment. Notwithstanding anything to the contrary in the Agreement: (i) Customer may not assign these Terms without the advance written consent of Snowflake; (ii) Snowflake may assign these Terms without Customer’s consent in connection with a merger, reorganization, acquisition, or other transfer of all or substantially all of Snowflake’s assets or voting securities to a successor; and (iii) Snowflake may assign these Terms to a Snowflake Affiliate.
9.3. Confidentiality. These Terms constitute Snowflake Confidential Information under the Agreement and are subject to the confidentiality terms therein. Notwithstanding any provision to the contrary, Snowflake may disclose Customer Confidential Information as required by regulation or to comply with and maintain its authorizations and certifications, including without limitation its FedRAMP authorizations. If Snowflake is so required to disclose Customer Confidential Information, then Snowflake shall, to the extent permitted, provide Customer with advance written notification and cooperate in any effort to obtain confidential treatment of such Confidential Information.
9.4. Severability; Interpretation. If a court of competent jurisdiction holds any provision of these Terms to be unenforceable or invalid, that provision will be limited to the minimum extent necessary so that these Terms will otherwise remain in effect. Section headings are inserted for convenience only and shall not affect the construction of these Terms.
9.5. Entire Agreement; Conflict. These Terms, together with the Agreement (as may be amended in accordance with its terms and including any Order Forms), are the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements and communications relating to the subject matter of these Terms. Except as specifically set forth in these Terms, all terms and conditions of the Agreement remain in full force and effect. In the event of any conflict between these Terms and the Agreement, these Terms will control with respect to the subject matter herein.