ARCHIVE Snowflake Data Marketplace Consumer Terms of Service - 2021-09-15
This is an archived version of our Snowflake Data Marketplace Consumer Terms of Service dated September 15, 2021. View the current version here.
1. Important Terms.
1.1. THESE CONSUMER TERMS OF SERVICE GOVERN CONSUMER’S USE OF THE MARKETPLACE.
1.2. THE MARKETPLACE IS NOT PART OF THE SNOWFLAKE SERVICE. USE OF THE MARKETPLACE IS DEPENDENT ON CERTAIN FEATURES OF THE SNOWFLAKE SERVICE (E.G., DATA SHARING AND REPLICATION), AND UTILIZING SUCH FEATURES IN CONNECTION WITH THE MARKETPLACE WILL SUBJECT CONSUMER TO CHARGES FOR THOSE FEATURES AS GOVERNED BY CONSUMER’S CUSTOMER AGREEMENT.
1.3. CONSUMER’S ORG ADMIN IS REQUIRED TO ACCEPT THESE TERMS AND REPRESENTS THAT THEY HAVE THE AUTHORITY TO DO SO ON BEHALF OF CONSUMER.
1.4. BY INDICATING ACCEPTANCE OF THESE TERMS OR TRANSACTING ON THE MARKETPLACE, CONSUMER IS ACCEPTING ALL THE TERMS AND CONDITIONS OF THESE TERMS.
1.5. THESE TERMS ARE ENFORCEABLE LIKE ANY WRITTEN AGREEMENT SIGNED BY CONSUMER.
2. Definitions. The definitions in Section 18 apply to these Consumer Terms of Service. All terms in quotation marks in the body of these Consumer Terms of Service are also defined terms.
3. Introduction and Application. Snowflake makes available the Marketplace to allow Marketplace Consumers to discover and use Products made available by Marketplace Providers. Marketplace Consumers can enter into Transactions with Marketplace Providers and otherwise interact with the Marketplace. Unless stated otherwise in these Consumer Terms of Service, Snowflake is not acting as an agent in any capacity for Marketplace Consumers or Marketplace Providers.
4. Discovering and Using Products.
4.1. General. The Marketplace provides Consumer with access to Marketplace Provider Materials, including Products in accordance with applicable Listing Information.
4.2. Use of Products. For each Product, Consumer’s rights to use such Product are subject to the Listing Information provided by the applicable Marketplace Provider. Marketplace Provider includes in its Listing Information the applicable costs, use restrictions, license grant, and other terms covering Consumer’s use of the Product. Other than when Snowflake is providing its own Products through the Marketplace, Snowflake is not responsible for, and has no ability to grant Consumer any use rights associated with, any Product. Snowflake is under no obligation to review, accept or deny, monitor, or otherwise control or determine the contents of the Listing Information.
4.3. Marketplace Transactions. The Marketplace may be used to find Products and enter into Transactions. All Transactions conducted via the Marketplace are between Consumer and Marketplace Provider. Snowflake does not guarantee that all attempts to enter into a Transaction will be accepted or approved by any applicable Marketplace Provider. Other than where Snowflake is providing its own Products through the Marketplace, Snowflake is not a party to such Transaction or responsible for delivery of any Product.
4.4. Support. Unless otherwise provided by these Terms, Marketplace Provider will be solely responsible for addressing any inquiries or requests regarding any Transaction, Listing Information, or Product, including any inquiries or requests related to quality, content, errors, refunds, or any other matters.
5. Removal of Marketplace Provider Materials. Consumer agrees and acknowledges that: (i) Snowflake may delist any Product from the Marketplace at any time for any reason or no reason without liability; and (ii) Marketplace Providers may delist any Products from the Marketplace subject to the Marketplace Policies and any existing obligations between Consumer and Marketplace Provider (including, without limitation, the Marketplace Provider Materials); provided that any Product removal will not affect any pending or ongoing Transactions, except when required by law or due to Consumer or Marketplace Provider’s breach of Snowflake terms and policies.
6. Fees and Payment.
6.1. Snowflake Fees. Snowflake does not currently charge for access to the Marketplace itself, but any Products that Consumer uses from the Snowflake Service (via its Snowflake Account) will incur fees in accordance with its Customer Agreement.
6.2. Marketplace Provider Fees. Marketplace Providers may charge fees for use of their Products. At Marketplace Provider’s option, Consumer may be invoiced and charged by (i) Marketplace Provider directly for a Transaction or (ii) Snowflake or its Payment Processor via the Monetization Offering in the Marketplace for Product Costs.
6.3. Product Costs. Consumer is solely responsible for any Product Costs payable to the Marketplace Provider incurred as a result of Consumer’s use of Products as part of the Marketplace.
6.4. Purchase Order. If Consumer issues a purchase order for Product Costs for a Transaction, then: (i) any such purchase order submitted by Consumer is for its internal purposes only, and Snowflake rejects, and in the future is deemed to have rejected, any purchase order terms to the extent they add to or conflict in any way with these Terms or the applicable Transaction invoice and such additional or conflicting terms will have no effect, (ii) it shall be without limitation to Snowflake’s or the Marketplace Provider’s right to collect the Product Costs, (iii) it shall be for the total Product Costs owing under the applicable Transaction invoice, and (iv) on request, Snowflake will reference the purchase order number on its invoices (solely for administrative convenience), so long as Consumer provides the purchase order at the time of Transaction.
6.5. Payments. Consumer will pay Snowflake or its Payment Processor (as applicable) all amounts set forth on any invoices within the Payment Period specified on such invoices. All payments made under these Terms to Snowflake or its Payment Processor will be made in U.S. dollars to an account designated by Snowflake, or such other payment method mutually agreed by the Parties, and will be non-refundable unless otherwise provided by the Listing Information. Any amounts due to Marketplace Provider or Snowflake, as applicable, hereunder and not paid when due will accrue late charges at the greater of a rate of 1.5% per month or the highest rate permitted by applicable law. Consumer will reimburse Snowflake for all reasonable costs and expenses incurred (including reasonable attorneys’ fees) in collecting overdue amounts hereunder.
6.6. Third Party Payment Processor. Snowflake may, in its sole discretion, use a Payment Processor to collect payments under these Terms for Product Costs resulting from Marketplace Providers utilizing the Monetization Offering. When Consumer, at its option, enters into these Transactions with Marketplace Providers, Consumer acknowledges and agrees that Snowflake may enroll Consumer with Payment Processor and, as part of that enrollment process, Snowflake will provide Consumer’s billing information on file with Snowflake to the Payment Processor. Snowflake is not responsible for the Payment Processor’s services. Consumer’s payment of the Product Costs to the designated account constitutes payment to the Marketplace Provider. Consumer will pay through the Payment Processor to the designated account or through such other payment method that may be offered through the Marketplace from time to time. To the extent there is a refund request or other payment request, any such adjustment must be made directly by Marketplace Provider, and Snowflake is not responsible for making any refunds or reversing any payments.
6.7. No Set-Off. Consumer will not have any rights to set off, discount or otherwise reduce or refuse to pay any amounts due under these Terms for any reason.
7. Taxes. All Product Costs for the Marketplace are stated exclusive of Taxes. Consumer is responsible for all Taxes associated with the Transactions, including Consumer’s use of Marketplace Provider’s Product. Snowflake will not determine whether any Taxes apply to a Transaction and is not responsible for collecting, remitting, or reporting any Taxes. Despite the foregoing, where required by law, Snowflake shall calculate and collect Taxes from Consumer and issue a compliant tax invoice. Consumer will not deduct or withhold Taxes from any payments to Snowflake, unless required by law, in which case Consumer will pay such an additional amounts as are necessary, so the net amount received by Snowflake equals the amounts due to it hereunder, as if there were no withholding or deduction. The VAT/GST Registration Number provided by Consumer shall be used to confirm the business use of the Marketplace.
8. Data Ownership.
8.1. Data Collected By Snowflake. Snowflake may collect and use Marketplace Usage Data to develop, improve, support, and operate its products and services.
8.2. Information Shared with Providers. If Consumer uses or purchases Marketplace Provider Materials, Snowflake collects and may share with the applicable Marketplace Provider the Consumer’s contact information, general account details, and details about the Transaction, including usage metrics (which identify Consumer). Snowflake will collect and share such information in accordance with Snowflake’s Privacy Notice at www.snowflake.com/en/privacy-policy or successor site. Marketplace Providers may use such information in accordance with their respective privacy notices provided to Consumer during the Transaction, including to market other Products listed by Marketplace Provider on the Marketplace.
9. Intellectual Property.
9.1. Snowflake Rights. Snowflake and its suppliers have and will retain all right, title and interest (including, without limitation, all patent, copyright, trade secret or other proprietary rights) in and to the Marketplace, and any modifications, improvements and derivative works of the foregoing.
9.2. Feedback. At its option, Consumer may provide Snowflake any comments, suggestions or other feedback (“Feedback”), and Snowflake may use such Feedback without restriction or obligation to Consumer.
10. Term and Termination.
10.1. Term and Termination. The term begins on the Effective Date and will continue on a month-to-month basis until one Party provides the other Party with written notice of such terminating Party’s intent to terminate (“Term”).
10.2. Survival. This Section 10 and the following sections will survive any termination of the Terms: Sections 1 (Important Terms), 5 (Removal of Marketplace Provider Materials), 6 (Fees and Payment), 7 (Taxes), 8 (Data Ownership), 9 (Intellectual Property), 11 (Representations and Warranties), 12 (Indemnification), 13 (Warranty; Disclaimer), 14 (Limitation of Liability), 17 (General Terms), and 18 (Defined Terms).
10.3. Effect of Termination. Upon termination of these Terms: (i) Snowflake may delist or drop Products as set forth in Section 5 (Removal of Marketplace Provider Materials); and (ii) Consumer will, and will ensure its Authorized Users, promptly cease all use of the Marketplace. Snowflake will have no liability to Consumer for any termination or suspension, nor will termination or suspension limit any other rights or remedies Snowflake may have.
11. Representations and Warranties. Consumer hereby represents, warrants and covenants to Snowflake that it has obtained and will obtain all necessary consents, permissions, and licenses with respect to any and all Marketplace Provider Materials to the extent necessary for Consumer to comply with Marketplace Provider agreements, laws, rules and regulations, including, without limitation, all applicable data protection and privacy laws.
12. Term and Termination.
12.1. Indemnification by Snowflake. Snowflake will defend Consumer against any claim by a third party alleging that any use of the Marketplace infringes any intellectual property right of such third party and will indemnify Consumer for any damages, costs and, if applicable, attorneys’ fees finally awarded against Consumer or agreed in settlement by Snowflake resulting from such claim. The foregoing obligations of Snowflake will not apply to the extent the applicable claim is attributable to any materials not provided by Snowflake (including, without limitation, any Product, Listing Information, or Marketplace Provider Materials) alone or in combination with the Marketplace.
12.2. Indemnification by Customer. To the maximum extent permitted by law, Consumer will defend Snowflake against any claim by a third party arising from or relating to its use of Marketplace Provider Materials, Listing Information, or Products and will indemnify Snowflake for any damages, costs, and, if applicable, attorneys’ fees awarded against Snowflake or agreed in settlement by Consumer resulting from such claim.
12.3. Indemnification Procedures. In the event of a potential indemnity obligation under this Section 12, the indemnified party will: (i) promptly notify the indemnifying party in writing of the claim, (ii) allow the indemnifying party the right to control the investigation, defense and settlement (if applicable) of such claim at the indemnifying party’s sole cost and expense, and (iii) upon request of the indemnifying party, provide all necessary cooperation at the indemnifying party’s expense. Failure by the indemnified party to notify the indemnifying party of a claim under this Section 12 shall not relieve the indemnifying party of its obligations under this Section 12, however the indemnifying party shall not be liable for any litigation expenses that the indemnified party incurred prior to the time when notice is given or for any damages and/or costs resulting from any material prejudice caused by the delay or failure to provide notice to the indemnifying party in accordance with this Section. The indemnifying party may not settle any claim that would bind the indemnified party to any obligation (other than payment covered by the indemnifying party or ceasing to use infringing materials) or require any admission of fault by the indemnified party, without the indemnified party’s prior written consent, such consent not to be unreasonably withheld, conditioned or delayed. Any indemnification obligation under this Section 12 will not apply if the indemnified party settles or makes any admission with respect to a claim without the indemnifying party’s prior written consent.
13. Warranty; Disclaimer. SNOWFLAKE WARRANTS THAT THE MARKETPLACE WILL WORK IN GENERAL CONFORMITY WITH THE MARKETPLACE DOCUMENTATION. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND WITHOUT LIMITING ANY PROVISIONS IN ANY OTHER AGREEMENT, THE MARKETPLACE IS PROVIDED TO MARKETPLACE PROVIDERS AND MARKETPLACE CONSUMERS ON AN AS-IS BASIS AND, EXCEPT AS SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE, SNOWFLAKE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, IMPLIED OR EXPRESSED, WITH RESPECT TO THE MARKETPLACE INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, WHICH ARE DISCLAIMED. SNOWFLAKE DOES NOT REPRESENT OR WARRANT THAT THE USE OF THE MARKETPLACE WILL BE UNINTERRUPTED OR ERROR-FREE. CONSUMER MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, WILL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.
14. Limitation of Liability.
14.1. EXCLUSION OF DAMAGES. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF INCOME, DATA, PROFITS, REVENUE OR BUSINESS INTERRUPTION, OR THE COST OF SUBSTITUTE SERVICES OR OTHER ECONOMIC LOSS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
14.2. TOTAL LIABILITY. OTHER THAN WITH RESPECT TO CLAIMS DIRECTLY RELATING TO SNOWFLAKE’S FAILURE TO REMIT PRODUCT COSTS AND THE PARTIES’ OBLIGATION TO INDEMNIFY UNDER SECTION 12, IN NO EVENT WILL EITHER PARTY’S TOTAL LIABILITY TO THE OTHER PARTY OR ANY THIRD PARTY IN CONNECTION WITH THESE TERMS EXCEED $50,000, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
15. Updates. During the Term, Snowflake may implement Updates to the Marketplace. Any such Updates provided or made available by Snowflake will be deemed a part of the Marketplace and subject to the terms and conditions of these Terms.
16. Marketplace Previews. Snowflake may offer Previews and notify Consumer of available Previews which may be provided through the release notes, and Snowflake will generally identify Previews in the Marketplace Documentation. No information or advice, whether oral or written, obtained from Snowflake or through the Previews will create any warranty. Consumer may use Previews solely for internal evaluation purposes and will not use Previews to process Personal Information, Sensitive Personal Information 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 Consumer’s use and evaluation of Previews for Snowflake’s product improvement and development. Non-public information about a Preview is deemed to be the confidential information of Snowflake.
17. General Terms.
17.1. Assignment. These Terms will bind and inure to the benefit of each Party’s permitted successors and assigns. Neither Party may assign these Terms without the prior written consent of the other Party, except that Snowflake may assign these Terms in its entirety to any Affiliate without restriction. Each Party will promptly provide notice of any such assignment. Any other attempt to assign these terms will be null and void.
17.2. Subcontracting. Either Party may use subcontractors and other third-party providers in connection with the performance of its activities under these Terms as it deems appropriate, provided that each Party remains responsible for the performance of each such subcontractor or third-party provider.
17.3. Severability. If any provision of these Terms is unenforceable or invalid, that provision will be enforced to the maximum extent permitted by law, given the fundamental intentions of the Parties, and the remaining provisions of these Terms will remain in full force and effect.
17.4. Confidentiality. Each party (as “Receiving Party”) will use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but not less than reasonable care) to (i) not use any Confidential Information of the other party (the “Disclosing Party”) for any purpose outside the scope of these Terms, and (ii) except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information of the Disclosing Party to those of its and its Affiliates’ employees and contractors who need that access for purposes consistent with these Terms and who have signed confidentiality agreements with the Receiving Party containing protections not materially less protective of the Confidential Information than those herein. If Receiving Party is required by law or court order to disclose Confidential Information, then Receiving Party shall, to the extent legally permitted, provide Disclosing Party with advance written notification and cooperate in any effort to obtain confidential treatment of the Confidential Information. The Receiving Party acknowledges that disclosure of Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy, and therefore that upon any such disclosure by the Receiving Party, the Disclosing Party will be entitled to seek appropriate equitable relief in addition to whatever other remedies it might have at law.
17.5. Headings. Section headings are inserted for convenience only and will not affect the construction of these Terms.
17.6. Governing Law, Jurisdiction, and Venue. These Terms will be governed by the laws of the State of Delaware and the United States without regard to any principles of conflict of laws that would lead to the application of the laws of another jurisdiction, and without regard to the United Nations Convention on the International Sale of Goods. The jurisdiction and venue for actions or proceedings related to the subject matter of these Terms will be the state and federal courts located in New Castle County, Delaware and both Parties hereby irrevocably submit to the personal jurisdiction and venue of such courts.
17.7. Notice. All notices must be in writing (in English) and addressed to the Parties via email: (i) for Snowflake, notice must be sent to [email protected] and (ii) for Consumer, to the email address of the Org Admin as configured in the Service. Notices will be deemed given upon receipt. Either Party may change its email address for notices under these Terms by providing the other Party written notice in accordance with this Section.
17.8. Changes to Terms. Notwithstanding anything in these Consumer Terms of Service to the contrary, Snowflake may update or change these Terms, including by posting updated terms on the Snowflake website. For material changes that may have material impact on Consumer, Snowflake will provide reasonable notice to Consumer in accordance with Section 17.7. For any changes which may cause Consumer to be in noncompliance with these Terms, Snowflake will provide 30 days written notice prior to the effective date. Consumer’s sole and exclusive remedy if it does not agree to any updates or changes to these Terms will be to terminate these Consumer Terms of Service in accordance with Section 10.1. Consumer’s failure to terminate these Consumer Terms of Service after any change will constitute Consumer’s consent to such change.
17.9. No Waiver. No waiver will be implied from conduct or failure to enforce or exercise rights under these Consumer Terms of Service, nor will any waiver be effective unless in a writing signed by the waiving Party.
17.10. Entire Agreement. These Consumer Terms of Service are the complete and exclusive statement of the mutual understanding of the Parties in connection with the Consumer’s use of the Marketplace and supersedes and cancels all previous written and oral agreements, understandings and communications relating to the subject matter in these Terms. Each Party represents that it has not relied on any term or representation not contained in these terms.
17.11. Export Control. Consumer agrees to comply with all export and import laws and regulations of the United States and other applicable jurisdictions. Without limiting the foregoing, (i) Consumer represents and warrant that Consumer is not listed on any U.S. government list of prohibited or restricted parties or located in (or a national of) a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country, (ii) Consumer will not (and will not permit any third parties to) use the Marketplace in violation of any U.S. export embargo, prohibition or restriction, and (iii) Consumer will not submit or pass through the Marketplace any information that is controlled under the U.S. International Traffic in Arms Regulations.
17.12. Force Majeure. Neither Party will be liable to the other for any delay or failure to perform any obligation under these Consumer Terms of Service (except for failure to pay applicable fees) if the delay or failure results from any cause beyond such Party’s reasonable control that could not have been prevented through the use of commercially reasonable safeguards, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, public health emergencies (including pandemics and epidemics), acts or orders of government, acts of terrorism, or war.
17.13. Independent Contractors. The Parties to these Consumer Terms of Service are independent contractors and these Terms do not create any agency, employment, franchise, partnership or joint venture between the Parties. Neither Party will have the power to bind the other or incur obligations on the other Party’s behalf unless agreed otherwise. Neither Party’s employees are eligible for any form or type of benefits, including health, life or disability insurance, offered by the other Party to its employees.
18. Defined Terms.
“Account(s)” means Consumer’s account(s) in the Snowflake Service, as further described in the Customer Agreement.
“Authorized User” means employees and contractors of Consumer who are authorized by Consumer to use the Marketplace.
“Confidential Information” means all information that is identified as confidential at the time of disclosure by the Disclosing Party or should be reasonably known by the Receiving Party to be confidential or proprietary due to the nature of the information disclosed and the circumstances surrounding the disclosure.
“Consumer” means the person or entity accepting these Consumer Terms of Service.
“Consumer Terms of Service” or “Terms” means these Snowflake Marketplace Consumer Terms of Service located at www.snowflake.com/en/legal, which may be updated from time to time in accordance with Section 17.8 (Changes to Terms) above.
“Customer Agreement” means that separate written software-as-a-service or cloud agreement for the Snowflake Service, or if no such written agreement exists, the Snowflake Terms of Service located at www.snowflake.com/en/legal (or such successor URL as may be designated by Snowflake), entered by and between Snowflake and Consumer.
“Effective Date” means the date on which Consumer’s Org Admin accepted these Consumer Terms of Service.
“Feedback” has the meaning set forth in Section 9.2.
“Listing Information” means information about a Product (but not the Product itself) including title, description, any applicable metadata, Marketplace Provider’s branding, name, logo, and trademarks, Product Cost, and other information provided by Marketplace Provider and made available to Consumer through the Marketplace.
“Marketplace” means an ancillary service offered by Snowflake described in the Marketplace Documentation.
“Marketplace Consumer” means a customer or potential customer of a Marketplace Provider that has been authorized to use the Products in the Marketplace, and purchase, if applicable, such Products from Marketplace Provider.
“Marketplace Documentation” means the technical documentation and usage guides for the Marketplace.
“Marketplace Policies” means the Provider Policies available at www.snowflake.com/provider-policies (or such successor URL as may be designated by Snowflake).
“Marketplace Provider” means an entity (which may include Snowflake customers or Snowflake) who lists and makes available Products to Marketplace Consumers via the Marketplace.
“Marketplace Provider Materials” means all information, data, content and other materials, in any form or medium, that is submitted, posted, collected, transmitted or otherwise provided by or on behalf of Marketplace Provider or an Authorized User through the Marketplace or to Snowflake in connection with Marketplace Provider and its Authorized Users’ use of the Marketplace, but excluding, for clarity, any information, data, content or materials owned or controlled by Snowflake and made available by Snowflake through the Marketplace. For greater certainty, Marketplace Provider Materials include Products and Listing Information.
“Marketplace Usage Data” means query logs, and any information relating to the operation or use of the Marketplace.
“Monetization Offering” means the Snowflake offering that allows for the invoicing and collection of payments by Snowflake or its Payment Processor with respect to Products via the Marketplace.
“Org Admin” means the individual authorized by Consumer (i) to maintain the organization administrator system role for the Snowflake Service and the Snowflake Marketplace; (ii) is responsible for managing operations at the organization level; and (iii) to accept these Consumer Terms of Service on behalf of Consumer.
“Party” means Snowflake and Consumer individually.
“Parties” means Snowflake and Consumer collectively.
“Payment Period” means the payment schedule or due date as stated on the Transaction invoice.
“Payment Processor” means Snowflake’s third party payment processor, Stripe Inc. Stripe’s terms of service is available at www.stripe.com/us/legal and Stripe’s privacy policy is available at www.stripe.com/us/privacy.
“Personal Information” means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or an individual’s household.
“Previews” means preview, beta, or other pre-general availability release of integrations and features for the Marketplace that are offered by or on behalf of Snowflake.
“Product” means data, software, or services submitted by a Marketplace Provider and approved by Snowflake for listing in the Marketplace.
“Product Cost(s)” means the price (calculated by time and/or usage) specified by Marketplace Provider for a Marketplace Consumer to have use of a Product as part of the Marketplace and charged by Marketplace Provider via the Monetization Offering pursuant to these Consumer Terms of Service and any applicable terms in the Listing Information.
“Sensitive Personal Information” means Personal Information that is not publicly available and includes or reveals any of the following: Social Security, driver’s license, state identification card, tax identification number, passport number, military identification number, or other unique identification number issued on a government document commonly used to verify the identity of a specific individual; account log-in, financial account, debit card or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; consumer reports (as defined under the Fair Credit Reporting Act); precise geolocation; contents of mail, email, and text messages; racial or ethnic origin, political opinions, religious or philosophical beliefs, or citizenship or immigration status; trade union membership; genetic data; biometric data, such as a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry; health or medical data; health insurance information; data concerning a natural person’s sex life or sexual orientation; or Personal Information of children under 16 years of age.
“Snowflake” means Snowflake Inc., its Affiliates, and their respective officers, directors, employees, and agents.
“Snowflake Service” means the service offering made generally available by Snowflake as defined in the Customer Agreement, excluding the Marketplace.
“Taxes” means any taxes, levies, duties or similar governmental assessments of any nature, including, for example, any sales, use, GST, value-added, withholding, or similar taxes, whether domestic or foreign, or assessed by any jurisdiction, but excluding any taxes based on net income of Snowflake.
“Transaction” means any use of Products granted by Marketplace Provider to Consumer via the Marketplace.
“Updates” means any additional features, modifications, error corrections, bug fixes, or other updates of or to the Marketplace.
“VAT/GST Registration Number” means the VAT/GST registration number of the business location(s) where the Consumer is legally registered and the Marketplace is used for business use.
