October 9, 2023 – Snowflake Data Marketplace Provider Terms of Service

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Snowflake Provider Terms of Service

This is an archived version of our Snowflake Provider Terms of Service dated October 9, 2023. View the current version here.

IMPORTANT TERMS. These Terms are entered into by and between Snowflake Inc. (“Snowflake”) and Provider to govern Provider’s use of the Listing Functionality as a Listing Provider. Where Provider is a U.S. Governmental Entity, these Terms are modified by the terms and conditions set forth below in the U.S. Government Provider Amendment to these Terms (“U.S. Government Provider Amendment”). Where there is any inconsistency or conflict between these Terms and the U.S. Government Provider Amendment, the terms and conditions of the U.S. Government Provider Amendment shall prevail with respect to a U.S. Governmental Entity’s use of the Listing Functionality as a Listing Provider.

• Provider’s use of the Service and any Account(s) is governed by Provider’s Customer Agreement. For clarity, any claims arising in connection with the Service and/or any Account will be made under the Customer Agreement and not these Terms. These Terms and the Provider Policies take precedence in that order in the event of a conflict to the extent such conflict relates to Provider’s use of the Listing Functionality as a Listing Provider.
• Use of the Listing Functionality is dependent on certain features of the Service (e.g., data sharing and replication), and utilizing such features in connection with the Listing Functionality will subject Provider to charges for those features as governed by Provider’s Customer Agreement. Notwithstanding the foregoing, the Listing Functionality is not part of the Service.
• Provider’s Org Admin is required to accept these Terms within Snowsight (the Web interface of the Service) and, by accepting these Terms, represents and warrants that they have the authority to do so on behalf of Provider. Without limiting Section 19.10 (Entire Agreement), as of the Effective Date, prior agreements covering Provider’s use of the Listing Functionality are hereby terminated and superseded by these Terms.
• These Terms are enforceable like any written agreement signed by Provider and Snowflake
• If Provider purchased the Service through a reseller, Provider will continue to pay such reseller for the Service. However, Provider’s use of the Listing Functionality, including any payments related to the Monetization Offering, will be subject to these Terms.
• If Provider’s billing address is in the Canadian province of Quebec, Section 21 (Regional Terms) sets forth additional terms that apply to Provider’s use of the Listing Functionality.
• **DEFINITIONS. **The definitions in Section 20 (Defined Terms) apply to these Terms. All terms in quotation marks in the body of these Terms are also defined terms.
• INTRODUCTION AND APPLICATION. Provider can use the Listing Functionality to offer its Provider Materials to one or more specific Listing Consumers, or more broadly to all Listing Consumers, via the Marketplace. All Product Agreements entered into by Provider for Transactions are between Provider and Listing Consumers. Unless explicitly stated otherwise in these Terms, Snowflake is not acting as an agent in any capacity for Provider or Listing Consumers.
• PROVIDER’S GENERAL RESPONSIBILITIES. Provider Compliance with Policies. Provider will comply with the Provider Policies.
• Provider Materials. Provider is solely responsible for its Provider Materials (including the accuracy, content, and legality of such Provider Materials), and Snowflake bears no responsibility or liability for such Provider Materials. Provider represents and warrants that it has all necessary rights and permissions to provide and, if applicable, license and sell the Provider Materials to Snowflake and Listing Consumers as contemplated in these Terms.