Grafana Labs
k6 Services Agreement
Last updated May 5, 2022.
1. GENERAL
1.1 This Grafana Labs K6 Services Agreement, together with the Description of Services and, as applicable, the Order Form(s) and DPA (defined below), if applicable, constitute the “Agreement”.
1.2 The Agreement shall apply to all offers and agreements under which Grafana Labs provides Services to the Customer. No deviations from the Agreement shall be valid unless explicitly agreed in writing.
1.3 By purchasing or signing up for a subscription or free trial to the Services provided by Grafana Labs, Customer accept that Customer is bound by the terms and conditions of the Agreement.
2. DEFINITIONS
“Affiliate” means an entity that controls, is controlled by, or under common control with Customer or Grafana Labs, as applicable. “Control” means, possession of, directly or indirectly, the power to direct management through the ownership of fifty percent (50%) or more of its voting or equity securities, or by contract, voting trust or otherwise.
“Confidential Information” means all information of any nature (whether oral, written, electronic or any other form) disclosed by either Party before or after the effective date of the Agreement relating to the disclosing Party, to its business, technology, partners, affiliates, customers and/or suppliers and irrespective of whether such information is retained in the form in which it was provided to the other Party or is contained or reflected in notes or other documents prepared by the disclosing Party.
“Customer” means the legal entity that is purchasing or subscribing to the Services.
“Customer Data” means data uploaded by the Customer in test scripts and configurations, test runs and generated as a result of any of the aforementioned.
“Date of Delivery” means the date Customer is provided with access to the Services.
“Description of Services” means any written or online order provided by Grafana Labs, and manually or electronically accepted by the Customer, which sets out the details regarding any Services Customer is granted access to by Grafana Labs.
“Intellectual Property Rights” means all present and future rights, title and interest whatsoever (whether legal or beneficial and whether registered or unregistered), in the copyright and in any design rights, trademarks, patents, rights or protections or similar to copyright (including all moral rights), topography rights, software programs, applications, database rights, know-how, trade names, trade secrets, inventions and other intangible proprietary information.
“Grafana Labs” means Raintank, Inc. dba Grafana, and its Affiliates, as applicable.
“Order Form(s)” means an ordering document for Services between Grafana Labs and Customer (or reseller) that contains at least the following information: services, license quantity, price, term and billing contact.
“Parties” means the Customer and Grafana Labs jointly.
“Party" means the Customer or Grafana Labs separately.
“Services” means any K6-specific materials or services provided by Grafana Labs to Customer, collectively.
“Trademarks” means trademarks, names, logos and service marks.
3. GRAFANA LABS OBLIGATIONS
3.1 Grafana Labs offers the Services on a fixed agreed term, a subscription basis (i.e. monthly, quarterly or annually) and on a trial or other promotional basis. Grafana Labs agrees to provide the Services during the term agreed between the Parties which may be set forth in an Order Form(s), if applicable. The Services will be provided in accordance with the Description of Services, which may be found at https://k6.io/pricing/, unless otherwise agreed between the Parties.