Fivetran Website Terms of Use

·Fivetran Website Terms of Use

·Last updated: January 23, 2025

·This website, together with any related websites (collectively, the "Site"), is owned and operated by Fivetran Inc. or one of its affiliates (collectively, "Fivetran"). Please read these Website Terms of Use ("Terms") carefully before using the Site. By accessing or using the Site or any of its Content (as defined below) you agree to be legally bound by these Terms. If you do not accept these Terms, do not use the Site or any of the Content.

·You represent to Fivetran that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into these Terms for an entity, such as the company you work for, you represent that you have authority to bind that entity and you agree that "you" as used in these Terms includes both you personally and the entity you represent. You and Fivetran are collectively referred to as the "Parties" and each is a "Party".

·Additional Agreements

·These Terms govern your access to and use of the Site. You acknowledge and agree that your use of Fivetran's products and services (collectively, the "Service") is subject to the terms of Fivetran's Master Subscription Agreement (available at https://www.fivetran.com/legal) or such other written agreements for the use of the Services as may be separately agreed between you and Fivetran.

·Account

·If you have registered for and opened an account through the Site (an "Account"), you are entirely responsible for maintaining the confidentiality of your Account information, including your password, and for any and all activity that occurs under your Account. You agree to notify Fivetran immediately of any unauthorized use of your Account or password, or any other breach of security. You will remain responsible for losses incurred by Fivetran or by any other party due to your knowingly or inadvertently permitting unauthorized use of your Account or your Account information.

·Fivetran Content

·The Site contains HTML, applications, messages, text, files, images, photos, video, sounds, profiles, works of authorship, data and other content (collectively, "Content") of Fivetran or its licensors ("Fivetran Content"). The Site (including the Fivetran Content) is protected by copyright, trademark, trade secret and other laws; and as between you and Fivetran, Fivetran owns and retains all rights in the Site and the Fivetran Content. Fivetran hereby grants to you a limited, revocable, non-sublicensable license to access, display and perform the Fivetran Content (excluding any computer code) solely for your personal, non-commercial use and solely as necessary to access and use the Site. Except as expressly permitted by Fivetran in these Terms or on the Site, you may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, create derivative works based upon, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use or transfer any Fivetran Content. You may not, either directly or through the use of any device, software, online resource or other means, remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notice on the Fivetran Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Fivetran Content.

·Intellectual Property Ownership

·All text, content, documents, names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Site, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Site (the "Materials") are owned by Fivetran and its affiliates or used with permission or under license from a third party (hereinafter collectively referred to as the "Owner") and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between Fivetran and you, all right, title and interest in and to the Materials will at all times remain with Fivetran and/or its Owners.

·The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Fivetran or third parties. You are not permitted to use these Marks without the prior written consent of Fivetran or such third party.

·Links

·This Site may contain links to other websites and resources ("Linked Site") that are not under our control. These Linked Sites are provided as a convenience only, and Fivetran has neither reviewed nor is it responsible for the content or availability of any Linked Sites. The inclusion of any Linked Site does not imply endorsement by Fivetran of the website or their entities, products, or services.

·Privacy

·Please review Fivetran's Privacy Policy for the Site ("Privacy Policy"), available at https://www.fivetran.com/legal/privacy, to learn about Fivetran's information collection, usage, and disclosures practices with respect to information collected by Fivetran through the Site.

·Your Content

·By posting, displaying, publishing or making available for download or use any Content on the Site (other than personal information that is subject to the Privacy Policy), you hereby grant Fivetran a perpetual, worldwide, nonexclusive, irrevocable, royalty-free, sublicensable (through multiple tiers) license to perform, display, reproduce, prepare derivative works from, distribute, sell, sublicense, transfer and otherwise use without restriction all or any part of such Content.

·Information Submitted Through or To the Site

·At Fivetran's sole discretion, you may be permitted to provide Submissions (as defined herein) to the Site, e.g., through our forums or other interactive features or areas of the Site. "Submissions" are defined to include: any messages, emails, text, graphics, code, questions, suggestions, comments, feedback, ideas, plans, notes, drawings, sample data, sound, images, video, original or creative materials, and other items or materials that you may provide to discussion forums, blogs, or other interactive features or areas of the Service where you or other users can create, post, transmit or store Content. Unless otherwise specifically agreed to by you and Fivetran, by uploading, e-mailing, posting, publishing or otherwise transmitting any Submission, you hereby acknowledge that such Submission is non-confidential and you automatically grant (or warrant that the owner of such rights has expressly granted) to Fivetran a perpetual, irrevocable, worldwide, non-exclusive, sub-licensable, fully paid-up and royalty-free license to use, make, have made, offer for sale, sell, copy, distribute, perform, display (whether publicly or otherwise), modify, adapt, publish, transmit and otherwise exploit such Submission, by means of any form, medium, or technology now known or later developed, and to grant to others rights to do any of the foregoing. In addition, you warrant that all so-called moral rights in such Submission have been waived.

·For each Submission, you represent and warrant that you have all rights necessary for you to grant the license granted in the prior paragraph, and that such Submission, and your provision thereof to and through the Site, does not violate any privacy, publicity, contractual, intellectual property, or other right or rights of any person or entity or otherwise violate any applicable laws, rules or regulations. You acknowledge that Fivetran may have ideas or materials already under consideration or development that are or may be similar to your Submissions and that you are not entitled to any form of compensation or reimbursement from Fivetran at any time in connection with your Submissions.

·Compliance with Laws

·By using the Site and agreeing to these Terms, you represent and warrant that you are not violating, and will not violate, any governmental laws, rules, regulations or orders that are applicable to your use of the Site ("Applicable Laws") and further agree that you will not export or re-export any of Fivetran's goods, products, or services unless you have complied with all applicable U.S. and foreign government export controls and approvals.

·Global Availability

·Fivetran controls the Site from its Oakland, CA, USA offices; other Fivetran sites may be administered and operated from various locations inside and outside the United States. If you use this website from other locations, you are responsible for compliance with local Applicable Laws. Fivetran makes no representation that the products and services referenced herein are appropriate, or available, worldwide.

·Indemnity

·You agree to defend, indemnify and hold harmless Fivetran, its affiliates and their respective employees, contractors, agents, officers and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt or expenses (including without limitation attorneys' fees) arising out of or related to any claim, suit, action or proceeding by a third party arising out of or relating to your use of the Site, breach of these Terms (including any Fivetran policy referenced in these Terms), violation of Applicable Law, or any Content that you post, upload or cause to interface with the Site, or otherwise transfer, process, use or store in connection with the Site.

·Disclaimers

·THE SITE AND ALL CONTENT AND OTHER ITEMS MADE AVAILABLE BY FIVETRAN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. FIVETRAN ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES OR INACCURACIES OF DATA OR INFORMATION POSTED, DISPLAYED, PUBLISHED OR MADE AVAILABLE FOR DOWNLOAD OR USE ON THE SITE, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USE OF THE SITE, (iii) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, OR (iv) THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY NOT UNDER FIVETRAN'S CONTROL.

·Limitation of Liability

·TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (a) IN NO EVENT SHALL FIVETRAN, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO THE SITE; AND (b) IN NO EVENT SHALL FIVETRAN'S CUMULATIVE AND AGGREGATE LIABILITY UNDER THESE TERMS EXCEED TWO HUNDRED U.S. DOLLARS. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

·Responsibility for End Users

·You are responsible for violations of these Terms by anyone using the Site with your permission or using your account on an unauthorized basis. Your use of the Site to assist another person in an activity that would violate these Terms if performed by you is a violation of these Terms. These Terms applies to anyone accessing or using the Site; however, each provision in these Terms shall be interpreted to include, and apply to, any action directly or indirectly taken, authorized, facilitated, promoted, encouraged or permitted by a user of the Site, even if such person did not themselves violate the provision.

·Digital Millennium Copyright Act

·The Digital Millennium Copyright Act of 1998 ("DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that any material residing on or linked to from the Site infringes your copyright, please send (or have your agent send) to Fivetran's Copyright Agent a notification of claimed infringement with all of the following information:

·(a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

·(b) identification of the claimed infringing material and information reasonably sufficient to permit Fivetran to locate the material on the Site (such as the URL(s) of the claimed infringing material);

·(c) information reasonably sufficient to permit Fivetran to contact you, including an address, telephone number and, if available, an email address;

·(d) the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law";

·(e) the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed"; and

·(f) your physical or electronic signature.

·To file a counter notification with Fivetran, please provide the following information to Fivetran's Copyright Agent:

·(a) a description of the material that Fivetran has removed or to which Fivetran has disabled access;

·(b) information reasonably sufficient to permit Fivetran to contact you, including an address, telephone number and, if available, an email address, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or the Northern District of California if your address is outside of the United States), and that you will accept service of process from the person who provided notification of infringement or an agent of such person;

·(c) the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; and

·(d) your physical or electronic signature.

·Fivetran's Copyright Agent for notification of claimed infringement can be reached as follows: Fivetran, Inc., Attn: Legal - Copyright Agent, 1221 Broadway, Suite 2400, Oakland, CA 94612, United States. Fivetran's Copyright Agent for notification of claimed infringement can also be reached electronically at: legal@fivetran.com. Fivetran reserves the right to terminate infringers' and suspected infringers' access to or use of the Site.

·Monitoring and Termination

·Fivetran has the right, but not the obligation, to monitor the content of this website, to determine compliance with these Terms and any other operating rules established by Fivetran. Fivetran has the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on this Site that we find to be in violation of these Terms or is otherwise objectionable. You are solely responsible for any information you post, transmit or otherwise make available on this website.

·If you violate these Terms, Fivetran may suspend or terminate your use of the Site. Fivetran's right to suspend or terminate your use of the Site applies even if a breach is committed unintentionally or without your authorization if Fivetran believes that suspension or termination is necessary to ensure compliance with Applicable Laws or to protect the rights, safety, privacy, security or property of Fivetran, its customers or third parties.

·Electronic Communications

·When you visit the Site or send emails to Fivetran, you are communicating with Fivetran electronically; and you consent to receive communications from Fivetran electronically. Fivetran will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that Fivetran provides to you electronically satisfy any legal requirement that such communications be in writing.

·Modifications

·Fivetran may modify these Terms at any time by posting a revised version on the Site. By accessing the Site, you agree to the latest version of these Terms.

·Governing Law

·These Terms will be interpreted, construed and enforced in all respects in accordance with the laws of the State of California, without reference to its choice of law principles. Any legal action or proceeding arising under or relating to these Terms shall be brought exclusively in the state or federal courts located in San Francisco or Alameda Counties, California, and the Parties expressly consent to personal jurisdiction and venue in those courts.

·Miscellaneous

·These Terms constitute the complete and exclusive statement of the agreement between the Parties and supersede all proposals, oral or written, and all other communications between the Parties relating to the subject matter of these Terms. In the event any information posted on the Site from time to time conflicts with any provision of these Terms, the applicable provision of these Terms shall control. Any terms and conditions of any other instrument issued by you in connection with these Terms which are in addition to, inconsistent with or different from these Terms shall be of no force or effect. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Fivetran. You may not assign, transfer or sublicense all or any of your rights or obligations under these Terms without Fivetran's express prior written consent. Fivetran may assign, transfer or sublicense all or any of Fivetran's rights or obligations under these Terms without restriction. The failure of Fivetran to exercise or enforce any condition, term or provision of these Terms will not operate as a waiver of such condition, term or provision. Any waiver by Fivetran of any condition, term or provision of these Terms shall not be construed as a waiver of any other condition, term or provision. If any provision of these Terms is held invalid or unenforceable, the remainder of these Terms shall continue in full force and effect. You agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fivetran will not be responsible for failures to fulfill any obligations due to causes beyond its control. Non-English translations of these Terms may be provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.

·Contact

·Please contact Fivetran at legal@fivetran.com with any questions regarding these Terms. Need help? legal@fivetran.com

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