These Preview Terms of Service (“Preview Terms”) are subject to the agreement between Customer and Snowflake Inc. (“Snowflake”) under which Snowflake provides its SaaS data-warehousing service that references these Preview Terms (“Agreement”). These Preview Terms describe the terms under which Snowflake offers preview, beta, or other pre-release features, services, software, regions, or cloud providers as determined by Snowflake at its sole discretion (“Previews“). Snowflake will notify Customer of available Previews, which may be provided through the release notes, and will generally identify Previews in the Documentation.  These Preview Terms may be updated by Snowflake from time to time upon notice (which may be provided through the Service or by posting an updated version of these Preview Terms). Capitalized terms not defined in these Preview Terms shall have the meaning given to them in the Agreement.

WARRANTY DISCLAIMERS.  PREVIEWS ARE NOT READY FOR PRODUCTION AND MAY CONTAIN BUGS, ERRORS, DEFECTS OR HARMFUL COMPONENTS. ACCORDINGLY, THE PREVIEWS ARE PROVIDED BY SNOWFLAKE ON AN “AS IS” BASIS AND AS AVAILABLE, AND CUSTOMER’S ACCESS TO AND/OR USE OF PREVIEWS IS AT CUSTOMER’S SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SNOWFLAKE EXPRESSLY DISCLAIMS ALL AND CUSTOMER WILL RECEIVE NO WARRANTIES AND CONDITIONS OF ANY KIND FOR PREVIEWS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM SNOWFLAKE OR THROUGH THE PREVIEWS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THE PREVIEW TERMS.

Customer may use Previews solely for internal evaluation purposes. Previews are excluded from Snowflake’s support and service level obligations. Previews are excluded from Snowflake’s  security, compliance and privacy commitments. Customers shall not use Previews to process personal data or other data that is subject to any compliance or legal requirements. Snowflake may change or discontinue Previews at any time without notice. Snowflake also may choose not to make a Preview generally available. Snowflake may use information about Customer’s use and evaluation of Previews for Snowflake’s product improvement and development. Customer acknowledges that use of Previews may be subject to charges as described in the Consumption Table. Non-public information about a Preview is deemed to be the Confidential Information of Snowflake. Notwithstanding anything to the contrary in the Agreement, in the event of any conflict between the Agreement and these Preview Terms, these Preview Terms shall govern solely in connection with the Previews.

LIMITATION ON LIABILITY.  IN NO EVENT SHALL SNOWFLAKE BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL AND/OR INCIDENTAL LOSS, EXEMPLARY OR OTHER DAMAGES RELATED TO THESE PREVIEW TERMS AND/OR WHETHER DIRECT OR INDIRECT: (i) LOSS OF DATA, (ii) LOSS OF INCOME, (iii) LOSS OF OPPORTUNITY, (iv) LOST PROFITS, AND (v) COSTS OF RECOVERY OR ANY OTHER DAMAGES, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), VIOLATION OF STATUTE, OR OTHERWISE, AND WHETHER OR NOT SNOWFLAKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SNOWFLAKE LIABILITY HEREUNDER IS LIMITED TO $50.00. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CUSTOMER.

 

Last Updated: September 20, 2019