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Support Terms For Users Without Subscription-Based Support

Not for editing

IF YOU DO NOT HAVE A SUBSCRIPTION THAT INCLUDES THE RIGHT TO RECEIVE SUPPORT SERVICES, YOU AGREE THAT YOUR ACCESS AND USE OF ANY SUPPORT SERVICES MADE AVAILABLE TO YOU THROUGH THE ELASTIC CLOUD ACCOUNT (“ACCOUNT”) ARE SUBJECT TO THESE SUPPORT TERMS FOR USERS WITHOUT SUBSCRIPTION-BASED SUPPORT (“SUPPORT TERMS”). NOTWITHSTANDING THE FOREGOING, (I) IF YOU ARE USING YOUR ACCOUNT TO ACCESS PRODUCTS, SERVICES, CONTENT, AND/OR MATERIALS THAT ARE BEING MADE AVAILABLE TO YOU SPECIFICALLY PURSUANT TO AN AGREEMENT (“ELASTIC AGREEMENT”) BETWEEN ELASTIC OR ONE OF ITS AFFILIATES AND YOU OR AN ENTITY ON WHOSE BEHALF YOU ARE ACTING, THEN SUCH ELASTIC AGREEMENT WILL GOVERN YOUR USE OF THE APPLICABLE PRODUCT, SERVICE, CONTENT, AND/OR MATERIALS, AND (II) ANY ELASTIC AGREEMENT WHOSE TERMS ADDRESS THE SUBJECT MATTER COVERED BY THESE SUPPORT TERMS SHALL GOVERN THE PARTIES’ OBLIGATIONS IN LIEU OF THESE SUPPORT TERMS.

EFFECTIVE DATE: September 1, 2020

• **1. USE OF SUPPORT SERVICES; REMEDIES. **

1.1 Warranty Disclaimer; Limitation of Liability. Support services (“Support Services”) are provided to you solely at Elastic’s discretion and may be changed or discontinued at any time. The Support Services may be used for your internal purposes only, unless otherwise agreed in writing by Elastic. The Support Services are provided “AS IS” without warranty of any kind, and Elastic disclaims all warranties, indemnities, and all other liabilities for the Support Services.

• 1.2 Use Obligations. You are responsible for ensuring that you have sufficient English language and technical skills, and for ensuring that you respond to and cooperate with Elastic in a timely manner in connection to your requests for Support Services. As a precondition for requesting Support Services from Elastic, you agree to use reasonable efforts to: (i) attempt to solve the problem and to utilize sufficient resources to clearly understand that a problem exists before consulting Elastic; (ii) provide Elastic with sufficient information, materials, and technical data in order for Elastic to establish that a potential problem is not the kind of problem that is an exclusion from the Support Services; (iii) make reasonable attempts and expend reasonable resources to provide any data reasonably requested by Elastic to adequately address the potential problem; (iv) utilize sufficient resources to understand the instructions from Elastic in addressing the problem, and make reasonable attempts to correct the problem as suggested by Elastic. In addition, you agree and acknowledge that the extent of access and the accuracy of information and technical data provided may affect Elastic's ability to provide the Support Services.

• 1.3 Exclusions. Support Services do not cover (i) any changes, modifications, or damage to an Elastic product caused by you or anyone other than Elastic, (ii) any problems caused by your negligence, misconduct, or misuse of the Elastic product, or other causes beyond the reasonable control of Elastic, or (iii) any problems due to third party software. The Support Services do not cover the support of any third party software which integrates with an Elastic product. In addition, the Support Services do not include the following: (a) your failure to comply with operating instructions contained in the documentation; (b) installation, configuration, management and operation of your applications; (c) APIs, interfaces or data formats other than those included with an Elastic product; or (d) any training.