Firebolt Trial Subcription Agreement

Last updated: June 2025

  1. licenses

    • Access Rights. Provider hereby grants Customer, during the Term (defined below), a limited, non-transferable and non-exclusive license for a single user who is Customer’s employee or third-party consultant (“Authorized User”) to use the Services in accordance with the use parameters described in this Agreement and the Documentation, solely for Customer’s internal business purposes consistent with the terms and conditions of this Agreement. "Documentation" shall mean the reference, administrative and user manuals, made available by Provider to Customer with the Service. Documentation shall not include marketing materials.
    • Credits. The Provider shall grant the Customer free of charge, the equivalent of $200 USD (or such larger amount as decided by Provider at its own discretion) in Service usage credits which may only be used to receive access to the Service for the Term (as defined below) of this Agreement. Credits expire at the end of the Term, meaning that any credits which Customer does not use during the Term will not roll over into future subscriptions to the Services, Credits have no cash value or any other value outside of the Service and are not redeemable for cash. For the avoidance of doubt, the credits do not operate or serve as stored value facilities in any way. Customer may not transfer, trade, gift or otherwise exchange Service credits.
    • Customer Data. “Customer Data” means any data or data files of any type that are uploaded and stored by or on behalf of Customer in a data repository that is within an account owned and controlled by Provider with a cloud service provider. Customer hereby grants Provider a worldwide, limited-term license to process the Customer Data via the Service in accordance with instructions provided by Customer. Subject to the limited license granted herein, Provider acquires no right, title or interest from Customer or Customer’s licensors under this Agreement in or to the Customer Data. Provider reserves the right to delete Customer Data if Provider, at its own discretion, sees no activity in the user account.
    • Feedback. Customer grants to Provider and its affiliates a worldwide, perpetual, irrevocable, royalty-free, transferrable license to use and incorporate into the Service any suggestion, enhancement request, recommendation, correction or other feedback provided by Customer or Authorized User relating to the operation of the Service.
    • User-Defined Function (UDF) Service.  Customer acknowledges and agrees that the Service includes a feature enabling Customer and its Authorized Users, at no additional charge, to execute any Python code,owned or licensed by Customer, within a sandboxed, tenant-isolated server environment, at no additional charge, to execute any Python code, owned or licensed by Customer (the "UDF Service"). Customer shall bear sole and exclusive responsibility for ensuring that its utilization of any proprietary or third-party software orCustomer Data within the UDF Service is in full compliance with all applicable third-party licenses, laws and regulations, including privacy laws and regulations. Without limiting the generality of the foregoing sentence,Provider shall have no liability or responsibility for Customer's and/or itsAuthorized Users' infringement of third-party intellectual property (including privacy) rights, misappropriation or misuse of third-party intellectual property, or  violation of any applicable laws or regulations in connection with Customer's use of the UDF Service. Provider reserves the right to monitor Customer's usage of the UDF Service to verify compliance with the terms of this Agreement. Customer acknowledges and agrees that it is Provider's policy to respect the legitimate rights of copyright and other intellectual property owners, and that Provider will respond to clear notices of alleged copyright infringement in accordance with Provider's Copyright Policy, which may be viewed at: Copyright Policy.

  2. RESTRICTIONS. Customer and its Authorized User shall be prohibited from and will not: (a) sell, lease, license or sublicense the Service, or include the Service in a service bureau or outsourcing offering; (b) modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the Service or any software included in the Service; (c) provide, disclose, divulge or make available to, or permit use of the Service by, any third party (except asexpressly provided for herein); (d) copy or reproduce all or any part of theService (except as expressly provided for herein); (e) knowingly interfere, or attempt to interfere, with the Service in any way; (f) use the Service to engage in spamming, mailbombing, spoofing or any other fraudulent, illegal or unauthorized use of the Service; (g) knowingly introduce into or transmit through the Service any virus, worm, trap door, back door; (h) interfere with or disrupt the integrity or performance of the Service or third-party data contained therein, (i) remove, obscure or alter any copyright notice, trademarks or other proprietary rights notices affixed to or contained within the Service; (j) attempt to gain unauthorized access to the Service or its related systems or networks, or permit direct or indirect access to or use of the Service in a way that circumvents a contractual usage limit, or access theService in order to build a competitive product or service; or (k) host,provide, or develop software to intercept, emulate or redirect the Service inany way, or create, use or maintain any unauthorized connections to the Service.

  3. RESPONSIBILITIES. Customer will (a) be responsible for Authorized User’ compliance with this Agreement, (b) be responsible for the accuracy, quality and legality of Customer Data and the means by which Customer acquired the Customer Data, (c) prevent unauthorized access to or use of the Service, and notify Provider promptly of any such unauthorized access or use, and (d) use the Service only in accordance with the Documentation and applicable laws and government regulations.

  4. LIMITED WARRANTIES. Customer represents, warrants and covenants to Provider that: (a) it has the authority to enter into this Agreement and perform its obligations hereunder; and (b) it and its Authorized User will only use the Service for lawful purposes and will not use the Service to violate any law of any country or the intellectual property rights of any third party. Provider warrants that it has the authority to enter into this Agreement. THE SERVICE, INCLUDING THE UDF SERVICE (DEFINEDBELOW), IS PROVIDED AND MADE AVAILABLE HEREUNDER ON AN "AS IS" AND "AS AVAILABLE" BASIS, PROVIDER MAKES NO REPRESENTATIONS ORWARRANTIES, WHETHER EXPRESS OR IMPLIED REGARDING OR RELATING TO ANY PORTION OFTHE SERVICE OR ANY OTHER MATTER COVERED BY THIS AGREEMENT. PROVIDERSPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER DOES NOTGUARANTEE THAT CUSTOMER’S ACCESS TO THE SERVICE, INCLUDING THE UDF SERVICE,WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ALL ERRORS WILL BE CORRECTED. PROVIDER SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OROTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS ORFOR ISSUES RELATED TO THIRD-PARTY HOSTING PROVIDERS WITH WHOM CUSTOMERSEPARATELY CONTRACTS. PROVIDER DOES NOT MAKE ANY WARRANTIES AND SHALL HAVE NOOBLIGATIONS WITH RESPECT TO THIRD PARTY APPLICATIONS. CUSTOMER MAY HAVE OTHERSTATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.

  5. LIMITATION OF LIABILITY. IN NO EVENT WILL PROVIDER OR ITSPARTNERS BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF OR DAMAGE TO ANY CONTENT OR DATA, COST OF COVER OR INDIRECT, SPECIAL,INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER ALLEGED AS A BREACH OFCONTRACT, TORT OR OTHER FORM OF ACTION, EVEN IF SUCH PARTY HAS BEEN ADVISED OFTHE POSSIBILITY OF SUCH DAMAGES. PROVIDER’S AGGREGATE LIABILITY UNDER THISAGREEMENT FOR ANY DIRECT DAMAGESOF ANY KIND WILL NOT EXCEED TEN U.S. DOLLARS (US$ 10). THE FOREGOINGEXCLUSIONS AND LIMITATION SHALL APPLY: (A) EVEN IF PROVIDER OR ONE OF ITS AFFILIATES HAS BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OFTHE POSSIBILITY OF LOSSES, DAMAGES, OR COSTS; (B) EVEN IF ANY REMEDY IN THISAGREEMENT FAILS OF ITS ESSENTIAL PURPOSE; AND (C) REGARDLESS OF THE THEORY ORBASIS OF LIABILITY (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT,NEGLIGENCE AND STRICT LIABILITY).

  6. CONFIDENTIAL INFORMATION; DATA PROTECTION

    • Confidentiality. Each party (the "Recipient") may have access to certain non-public or proprietary information and materials of the other party (the "Discloser"), whether in tangible or intangible form ("Confidential Information"). Confidential Information shall not include information and material which: (a) at the time of disclosure by Discloser to Recipient hereunder, is in the public domain; (b) after disclosure by Discloser to Recipient hereunder, becomes part of the public domain through no fault of the Recipient; (c) was rightfully in the Recipient's possession at the time of disclosure by the Discloser hereunder, and which is not subject to prior continuing obligations of confidentiality; (d) is rightfully disclosed to the Recipient by a third party having the lawful right to do so; or (e) independently developed by the Recipient without use of, or reliance upon, Confidential Information received from the Discloser. The Recipient shall not disclose or make available the Discloser's Confidential Information to any third party (including without limitation by way of publishing), except to its employees, advisers, agents and investors, subject to substantially similar written confidentiality undertakings). Recipient shall take commercially reasonable measures, at a level at least as protective as those taken to protect its own Confidential Information of like nature (but in no event less than a reasonable level), to protect the Discloser's Confidential Information within its possession or control, from disclosure to a third party. The Recipient shall use the Discloser's Confidential Information solely for the purposes expressly permitted under this Agreement. In the event that Recipient is required to disclose Confidential Information of the Discloser pursuant to any Law, regulation, or governmental or judicial order, the Recipient will (a) promptly notify Discloser in writing of such Law, regulation or order, (b) reasonably cooperate with Discloser in opposing such disclosure, (c) only disclose to the extent required by such law, regulation or order (as the case may be). Upon termination of this Agreement, or otherwise upon written request by the Discloser, the Recipient shall promptly return to Discloser its Confidential Information (or if embodied electronically, permanently erase it), and certify compliance writing.
    • HIPAA Data. Customer agrees not to upload to the Service any HIPAA Data unless Customer has entered into BAA with Provider. Upon mutual execution of the BAA, the BAA is incorporated by reference into this Agreement and is subject to its terms. “BAA” means a business associate agreement governing the parties’ respective obligations with respect to any HIPAA Data uploaded by Customer to the Service in accordance with the terms of this Agreement. “HIPAA” means the Health Insurance Portability and Accountability Act, as amended and supplemented. “HIPAA Data” means any patient, medical or other protected health information regulated by HIPAA or any similar federal or state laws, rules or regulations.
    • Data Privacy. Customer hereby warrants and represents that it will (i) provide all appropriate notices, (ii) obtain all required informed consents and/or have any and all ongoing legal bases, and (iii) comply at all times with any and all applicable privacy and data protection laws and regulations (including, without limitation, the EU General Data Protection Regulation (“GDPR”)), for allowing Provider to use and process the data in accordance with this Agreement (including, without limitation, the provision of such data to Provider (or access thereto) and the transfer of such data by Provider to its affiliates, subsidiaries and subcontractors, including transfers outside of the European Economic Area), for the provision of the Service and the performance of this Agreement.
      The parties shall comply with the DPA, which is incorporated herein by this reference and except as expressly stated therein, shall not be modified except by mutual written agreement of the parties. “DPA” means the Data Processing Addendum located at https://www.firebolt.io/DPA on the Effective Date of this Agreement.
      In the event Customer fails to comply with any data protection or privacy law or regulation, the GDPR and/or any provision of the DPA, and/or fails to return an executed version of the DPA to Provider, then: (a) to the maximum extent permitted by law, Customer shall be solely and fully responsible and liable for any such breach, violation, infringement and/or processing of personal data without a DPA by Provider and Provider’s affiliates and subsidiaries (including, without limitation, their employees, officers, directors, subcontractors and agents); and (b) in the event of any claim of any kind related to any such breach, violation or infringement and/or any claim related to processing of personal data without a DPA, Customer shall defend, hold harmless and indemnify Provider and Provider’s affiliates and subsidiaries (including, without limitation, their employees, officers, directors, subcontractors and agents) from and against any and all losses, penalties, fines, damages, liabilities, settlements, costs and expenses, including reasonable attorneys’ fees.
      Personal information for which Provider is considered a 'data owner' or 'controller' is subject to Provider's privacy policy available at https://www.firebolt.io/firebolt-privacy-policy.
    • Service Data. Notwithstanding anything to the contrary in this Agreement, Provider may collect and use Service Data to develop, improve, support, and operate its products and services. Provider may not share any Service Data that includes Customer’s Confidential Information with a third party except (i) in accordance with the confidentiality provisions of this Agreement, or (ii) to the extent the Service Data is aggregated and anonymized such that Customer and Customer’s users cannot be identified. “Service Data” means query logs, and any data (other than Customer Data) relating to the operation, support and/or about Customer’s use of the Service.
  7. PROPRIETARY RIGHTS. Except for the license granted in Section 1, no right title or interest of intellectual property or other proprietary rights in and to the Service made available under this Agreement is transferred to Customer hereunder. Provider and its third party licensors retain all right, title and interests, including, without limitation, all copyright, trademark, patent, and other proprietary rights in and to the Service and all, modifications, enhancements and derivatives thereof.
  8. INDEMNIFICATION. Customer will defend Provider against any claim, demand, suit or proceeding made or brought against Provider by a third party alleging that Customer Data, or Customer use of any Service in breach of this Agreement, infringes or misappropriates such third party’s intellectual property rights or violates applicable law (a “Claim Against Provider”), and will indemnify Provider from any damages, attorney fees and costs finally awarded against Provider as a result of, or for any amounts paid by Provider under a court-approved settlement of, a Claim Against Provider, provided Provider (a) promptly gives Customer written notice of the Claim Against Provider, (b) gives Customer sole control of the defense and settlement of the Claim Against Provider (except that Customer may not settle any Claim Against Provider unless it unconditionally releases Provider of all liability), and (c) gives Customer all reasonable assistance, at Customer’s expense.
  9. TERM AND TERMINATION. This Agreement commences on the Effective Date and will remain in full force and effect for a period of 30 days unless earlier terminated as provided herein (the "Term"). Provider may terminate this Agreement at any time, for any reason or no reason, upon at least five (5) days prior written notice (email acceptable) to Customer. Notwithstanding the foregoing, Provider may terminate this Agreement immediately upon written notice (email acceptable) to Customer if Customer breaches any provision of this Agreement. Upon termination of this Agreement, Customer shall immediately cease all access to and use of the Services. Any provision in this Agreement that is stated (or by its nature ought) to survive termination, shall survive, including, without limitation, Sections 1.5, 2, 4, 5, 6, 7, 8, 9 and 10. Any provisions necessary to interpret the respective rights and obligations of the parties hereunder shall survive any termination or expiration of this Agreement, regardless of the cause of such termination or expiration.
  10. GOVERNING LAW; VENUE. For US customers purchasing from Firebolt Analytics, Inc.: This Agreement will be governed by the laws of the State of California, excluding its rules regarding conflicts of law. Venue for any dispute hereunder shall be a court of competent jurisdiction located in San Francisco County, California, and the parties irrevocably submit to the exclusive jurisdiction of such courts. EACH PARTY IRREVOCABLY WAIVES ITS RIGHT TO TRIAL OF ANY ISSUE BY JURY. EXCEPT TO PROTECT OR ENFORCE A PARTY'S INTELLECTUAL PROPERTY RIGHTS OR CONFIDENTIALITY OBLIGATIONS, NO ACTION, REGARDLESS OF FORM, UNDER THIS AGREEMENT MAY BE BROUGHT BY EITHER PARTY MORE THAN ONE (1) YEAR AFTER TERMINATION OF THE AGREEMENT.For NON-US customers purchasing from Firebolt Analytics Ireland Ltd.: This Agreement will be governed by the laws of England, excluding its rules regarding conflicts of law. Venue for any dispute hereunder shall be a court of competent jurisdiction located in London, England, and the parties irrevocably submit to the exclusive jurisdiction of such courts.
  11. FEDERAL GOVERNMENT END USER PROVISIONS
    ‍    Provider will provide the Service, including related software and technology, for ultimate federal government end use solely in accordance with the following: Government technical data and software rights related to the Service include only those rights customarily provided to the public as defined in this Agreement. This customary commercial license is provided in accordance with FAR 12.211 (Technical Data) and FAR 12.212 (Software) and, for Department of Defense transactions, DFAR 252.227-7015 (Technical Data - Commercial Items) and DFAR 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). If a government agency has a need for rights not granted under these terms, it must negotiate with Provider to determine if there are acceptable terms for granting those rights, and a mutually acceptable written addendum specifically granting those rights must be included in any applicable agreement.
  12. EXPORT COMPLIANCE
    ‍    The Service and other technology Provider makes available, and derivatives thereof may be subject to export laws and regulations of the United States and other jurisdictions. Each party represents that it is not named on any U.S. government denied-party list. Customer shall not permit Authorized User to access or use the Service in a U.S.- embargoed country (currently Cuba, Iran, North Korea, Sudan or Syria) or in violation of any U.S. export law or regulation.
  13. MISCELLANEOUS. This Agreement represents the entire agreement of the parties with respect to the subject matter hereof, and supersedes and replaces all prior and contemporaneous oral or written understandings and statements by the parties with respect to such subject matter. In entering into this Agreement, neither party is relying on any representation not expressly specified in this Agreement. This Agreement may only be amended in writing signed by each party. This Agreement may be executed in two or more counterparts. Section headings herein are for convenience only. Provider may assign this Agreement (or any of its rights and obligations) without restriction or obligation. Customer may not assign this Agreement (or any of its rights and obligations) without Provider's prior express written consent. Any prohibited assignment shall be null and void. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, then the remaining provisions of this Agreement shall remain in full force and effect. Rights and remedies herein are cumulative of all rights and remedies available at law or in equity. No failure or delay on the part of any party hereto in exercising any right or remedy under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. Any waiver granted hereunder must be in writing, and shall be valid only in the specific instance in which given. The relationship of the parties is solely that of independent contractors. Provider shall not be responsible for any failure to perform any obligation because of any cause beyond its reasonable control. Provider may use Customer’s name and logo on Provider's website and in its promotional materials to state that Customer is a customer of Provider.
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