Tebi Service Terms

Last updated: March 26, 2021

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1. Universal Service Terms (Applicable to All Services)
2. Betas and Previews
3. Tebi Distributed Cloud Storage
4. Tebi Edge Compute
5. Tebi Professional Services
6. Tebi Media Services
7. Tebi Training

1.1. You may not transfer outside the Services any software (including related documentation) you obtain from us or third party licensors in connection with the Services without specific authorization to do so.

1.2. You must comply with current technical documentation applicable to the Services (including applicable developer guides) posted on the Tebi Site.

1.3. You will provide information or other materials related to Your Content (including copies of any client-side applications) as reasonably requested by us to verify your compliance with the Agreement. You will reasonably cooperate with us to identify the source of any problem with the Services that we reasonably believe may be attributable to Your Content or any end user materials that you control.

1.4. You will ensure that all information you provide to us via the Tebi Site (e.g., information provided in connection with your registration for the Services, requests for increased usage limits) is accurate, complete, and not misleading.

1.5. From time to time, we may apply upgrades, patches, bug fixes, or other maintenance to the Services and Tebi Content (“Maintenance”). We agree to use reasonable efforts to provide you with prior notice of any scheduled Maintenance (except for emergency Maintenance), and you agree to use reasonable efforts to comply with any Maintenance requirements that we notify you about.

1.6. If your Agreement does not include a provision on Tebi Confidential Information, and you and Tebi do not have an effective non-disclosure agreement in place, then you agree that you will not disclose Tebi Confidential Information (as defined in the Tebi Customer Agreement), except as required by law.

1.7. You may perform benchmarks or comparative tests or evaluations (each, a “Benchmark”) of the Services. If you perform or disclose, or direct or permit any third party to perform or disclose, any Benchmark of any of the Services, you (i) will include in any disclosure, and will disclose to us, all information necessary to replicate such Benchmark, and (ii) agree that we may perform and disclose the results of Benchmarks of your products or services, irrespective of any restrictions on Benchmarks in the terms governing your products or services.

1.8. Only the applicable Tebi Contracting Party (as defined in the Tebi Customer Agreement) will have obligations with respect to each Tebi account, and no other Tebi Contracting Party has any obligation with respect to such account. The Tebi Contracting Party for an account may change as described in the Agreement. Invoices for each account will reflect the Tebi Contracting Party that is responsible for that account during the applicable billing period.
If, as of the time of a change of the Tebi Contracting Party responsible for your account, you have made an up-front payment for any Services under such account, then the Tebi Contracting Party you paid such up-front payment to may remain the Tebi Contracting Party for the applicable account only with respect to the Services related to such up-front payment.

1.9. When you use a Service, you may be able to use or be required to use one or more other Services (each, an “Associated Service”), and when you use an Associated Service, you are subject to the terms and fees that apply to that Associated Service.

1.10. If you process the personal data of End Users or other identifiable individuals in your use of a Service, you are responsible for providing legally adequate privacy notices and obtaining necessary consents for the processing of such data. You represent to us that you have provided all necessary privacy notices and obtained all necessary consents. You are responsible for processing such data in accordance with applicable law.

1.11. If you have been charged for a Service for a period when that Service was unavailable (as defined in the applicable Service Level Agreement for each Service), you may request a Service credit equal to any charged amounts for such period.

1.12. If you are a customer that is subject to the French Politique générale de sécurité des systems d’information de santé (PGSSI-S), you agree that your use of the Services complies with the PGSSI-S.

1.13. Data Protection.

1.13.1 These Service Terms incorporate the Tebi GDPR Data Processing Addendum (“DPA”), when the GDPR applies to your use of the Tebi Services to process Customer Data (as defined in the DPA).

1.13.2 These Service Terms incorporate the Tebi Supplementary Addendum to the DPA, when the GDPR applies to your use of the Tebi Services to process Customer Data.

1.14. Following closure of your Tebi account, we will delete Your Content in accordance with the Documentation.

1.15. Payment Currency

1.15.1. Tebi provides a Service that enables payment in certain currencies (“Payment Currency”) other than United States dollars when you purchase certain Services from Tebi (the “Currency Service”). When you purchase Services in certain countries outside of the United States, we may require you, because of currency controls or other factors, to use the Currency Service. When using the Currency Service, you are not tendering payment in one currency and receiving from us another currency.

1.15.2. When you use the Currency Service, Service fees and charges will automatically be invoiced in the Payment Currency. You must pay invoices in the currency specified on each invoice, but, for credit card or debit card purchases, you may only make payments in currencies supported by the issuer of your card. If the issuer of your credit card or debit card does not support the required Payment Currency, you must use a different payment method that does support paying in the Payment Currency.

1.15.3. Our fees and charges for your use of the Currency Service, if any, are included in the exchange rate applied to your invoice (the “Applicable Exchange Rate”). Third-parties, such as your bank, credit card issuer, debit card issuer, or card network, may charge you additional fees. The Applicable Exchange Rate is determined at the time your invoice is generated and, for invoices covering usage of Services over a period of time, will apply to all usage and Service charges listed on that invoice.

1.15.4. All refunds processed against an invoice will be provided in the currency in which the invoice was generated and reflected as a credit memo or a payment in your Payment Currency.

1.15.5. You agree that by using the Currency Service, information related to your payment, including your name and address, may be used by our banking partners to process your payments in jurisdictions other than the United States.

2.1. This Section describes the additional terms and conditions under which you may (a) access and use certain features, technologies, and services made available to you by Tebi that are not yet generally available, including, but not limited to, any products, services, or features labeled “beta”, “preview”, “pre-release”, or “experimental”, and any related Tebi Content (each, a “Beta Service”) or (b) access and use Services and any related Tebi Content available in Tebi regions that are not generally available, including, but not limited to, any Tebi regions identified by Tebi as “beta”, “preview”, “pre-release”, or “experimental” (each, a “Beta Region”).

2.2. You must comply with all terms related to any Beta Service or Beta Region as posted on the Tebi Site or otherwise made available to you. Tebi may add or modify terms, including lowering or raising any usage limits, related to access to or use of any Beta Services or Beta Regions at any time. Service Level Agreements do not apply to Beta Services or Beta Regions.

2.3. You may provide Tebi with information relating to your access, use, testing, or evaluation of Beta Services or Beta Regions, including observations or information regarding the performance, features, and functionality of Beta Services or Beta Regions (“Test Observations”). Tebi will own and may use and evaluate all Test Observations for its own purposes. You will not use any Test Observations except for your internal evaluation purposes of any Beta Service or Beta Region.

2.4. Tebi may suspend or terminate your access to or use of any Beta Service or Beta Region at any time. Your access to and use of each Beta Service and Beta Region will automatically terminate upon the release of a generally available version of the applicable Beta Service or Beta Region or upon notice of termination by Tebi. Notwithstanding anything to the contrary in the Agreement, after suspension or termination of your access to or use of any Beta Service or Beta Region for any reason, (a) you will not have any further right to access or use the applicable Beta Service or Beta Region, and (b) Your Content used in the applicable Beta Service or Beta Region may be deleted or inaccessible.

2.5. Test Observations, Suggestions concerning a Beta Service or Beta Region, and any other information about or involving (including the existence of) any Beta Service or Beta Region are considered Tebi Confidential Information.

2.6. WITHOUT LIMITING ANY DISCLAIMERS IN THE AGREEMENT OR THE SERVICE TERMS, BETA SERVICES AND BETA REGIONS ARE NOT READY FOR GENERAL COMMERCIAL RELEASE AND MAY CONTAIN BUGS, ERRORS, DEFECTS, OR HARMFUL COMPONENTS. ACCORDINGLY, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AGREEMENT OR THESE SERVICES TERMS, Tebi IS PROVIDING BETA SERVICES AND BETA REGIONS TO YOU “AS IS.” Tebi AND ITS AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE REGARDING BETA SERVICES AND BETA REGIONS, INCLUDING ANY WARRANTY THAT THE BETA SERVICES AND BETA REGIONS WILL BECOME GENERALLY AVAILABLE, BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING YOUR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, Tebi AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. Tebi’S AND ITS AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY FOR ANY BETA SERVICES AND BETA REGIONS WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT FOR THE SERVICES THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM.

You must own or have all necessary rights to use any domain name or SSL certificate that you use in conjunction with Tebi Distributed Cloud Storage. You are solely responsible for the renewal, security, and proper configuration of any SSL certificates that you provide for use with Tebi Distributed Cloud Storage, including any disclosure of your SSL certificates to third parties.

We may delete, upon 30 days’ notice to you, any of Your Content uploaded to Tebi Edge Compute if it has not been run for more than 3 months. You may only use Edge Compute’s storage resources to store function code (compiled or uncompiled), dependencies, and related configuration and meta-data, as necessary to execute your code on Edge Compute (per the Documentation). Any other use, including but not limited to, using Edge Compute’s storage for the purpose of hosting generally accessible content for download or storage, is not permitted and may result in us deleting Your Content.

5.1. “Tebi Professional Services” are advisory and consulting services that Tebi provides under a statement of work (“SOW”) to help you use the other Services. Tebi Professional Services are “Services” for purposes of the Agreement.

5.2. Tebi or any of its affiliates may enter into a SOW or an addendum to the Agreement with you to provide Tebi Professional Services. For the purposes of each SOW or addendum, the term “Tebi” in the SOW, the addendum and the Agreement refers to the Tebi entity that executes the SOW or addendum, and no other Tebi entity has any obligations under that SOW or addendum. Each SOW or addendum (together with the Agreement) is intended by the parties as the final, complete, and exclusive terms of their agreement and supersedes all prior agreements and understandings (whether oral or written) between the parties with respect to the subject matter of that SOW or addendum.

5.3. Tebi will invoice you monthly for the Tebi Professional Services. Payments for Tebi Professional Services are not refundable.

5.4. Tebi does not provide legal or compliance advice. You are responsible for making your own assessment of whether your use of the Services meets applicable legal and regulatory requirements.

5.5. Other than Third Party Content, Content that Tebi provides as part of the Tebi Professional Services is Tebi Content. You are solely responsible for testing, deploying, maintaining, and supporting Content provided or recommended by Tebi.

5.6. Tebi may develop Content consisting of either (a) documents and diagrams (“Documents”) or (b) software (in source or object code form), sample code, or scripts (“Software”) for you as part of the Tebi Professional Services (such Documents and Software, “Developed Content”). Subject to any non- Disclosure agreement in effect between you and Tebi, Tebi is not precluded from developing, using, or selling products or services that are similar to or related to the Developed Content. Any Developed Content provided to you by Tebi as part of the Tebi Professional Services under a SOW is licensed under the following terms:

Tebi licenses any Documents to you under the Creative Commons Attribution 4.0 International License (CC-BY 4.0); and Tebi licenses any Software to you under the Apache License, Version 2.0.

5.7. Some Developed Content may include Tebi Content or Third Party Content provided under a separate license. In the event of a conflict between Section 5.6 above and any separate license, the separate license will control with respect to such Tebi Content or Third Party Content.

5.8. Any materials or information that you own or license from a third party and provide to Tebi for the purposes of the Tebi Professional Services are Your Content. If you choose to provide access to Your Content to Tebi, then you will ensure that you have adequate rights and permissions to do so.

5.9. If there is a conflict between this Section 5 and any Tebi Implementation Services Addendum between you and Tebi, the terms of the Tebi Implementation Services Addendum will control, and references to “Implementation Services” in that addendum include Tebi Professional Services.

5.10. Tebi and its affiliates will handle any personal data relating to your personnel (“Personnel”) that is provided to Tebi or its affiliates in connection with a SOW in accordance with the handling practices described in the Tebi Privacy Policy (available at https://tebi.io/legal/privacy/). You will make the Tebi Privacy Policy available to any Personnel whose personal data you provide to Tebi or its affiliates.

The distribution of files created by Tebi Media Services may require that you obtain license rights from third parties, including owners or licensors of certain third party audio and video formats. You are solely responsible for obtaining such licenses and paying any necessary royalties or fees.

7.1. “Tebi Training” means the training programs that Tebi provides in connection with the Services and includes instructor-led and self-paced digital classes, labs, and other training sessions and materials. Tebi Training is a “Service” for purposes of the Agreement. To arrange private instructor led Tebi Training for your employees or others, Tebi or any of its affiliates may enter into a training order with you (a “Training Order”). References to “Tebi” in each Training Order mean the Tebi entity that executes it, and no other Tebi entity will have any obligations under such Training Order. To the extent there is a conflict between the Agreement and a Training Order, the Training Order controls.

7.2. The additional terms and conditions here apply to Tebi Training provided in the applicable jurisdictions.