RudderStack Terms

Добавлено

• Добавлено: Updated October 13, 2026.
• Добавлено: These Terms of Service (the “Agreement”) are a binding contract between RudderStack, Inc. (“RudderStack”) and the entity or individual (the “Customer”) creating an account on the website www.RudderStack.com or any of its subdomains, including lookout.rudderstack.com (the “Site”). Customer accepts this Agreement and the Data Processing Addendum published here (the “DPA”) by checking the acceptance box at signup, by accessing the Services, or by using the Services. Except as provided in §2.7(a) with respect to Lookout, the Trial Terms set forth in §11 apply to a Customer that creates an Account without contemporaneously subscribing to a paid plan, subject to the eligibility terms in §11. The “Effective Date” is the date Customer first accepts this Agreement. If an individual accepts this Agreement on behalf of a company or other legal entity, that individual represents that he or she has authority to bind that entity to this Agreement, and “Customer” refers to that entity. Customer represents that it is acquiring the Services for business purposes and not for personal, family, or household purposes.
• Добавлено: (h) Retention and Deletion of Prompts and Outputs. RudderStack retains Prompts and Outputs, including conversation history, until deleted by Customer through the Services, and in any event deletes them upon Customer’s deletion of the applicable workspace, upon Customer’s request in accordance with the DPA, and upon termination of this Agreement in accordance with §6.3 and the DPA. Redacted copies of Prompts and Outputs used for evaluation under subsection (c)(iii), and any summaries or metadata derived from Prompts or Outputs that RudderStack transmits to the observability and analytics subprocessors identified in the DPA, are retained for as long as needed for the purposes described in subsection (c)(iii) and are deleted upon Customer’s request in accordance with the DPA. Vector embeddings generated for the Lookout embedding rollout described in subsection (e), and the notes and search queries from which they are generated, are retained until the applicable context artifact or workspace is deleted, Customer requests deletion, or this Agreement terminates. Before any Prompt or Output is persisted beyond the User’s active session, RudderStack applies measures designed to redact Customer end-user data, including both field names and field values, from any Customer Data it contains. Customer may delete conversation history at any time through the controls made available in the Services.
• Добавлено: п. 2.7 2.7 – Rudder Lookout

• Добавлено: (a) Lookout. “Rudder Lookout” or “Lookout” means RudderStack’s agentic application that, at the direction of Users, analyzes data in Customer’s data warehouse, builds audiences and segments (each, an “Audience,” meaning the criteria, logic, and queries that define it), and syncs the records that meet an Audience’s criteria (“Audience membership”) to Third-Party Products selected by Customer (“Activations”). Lookout is an AI Feature, and §2.6 applies to Lookout; Audiences, and the analyses and queries Lookout generates, are Outputs. Audience membership is Customer Data, is not an Output, and is handled as set forth in §2.7(b). RudderStack may make Lookout available through the Site or the Services at no charge or, following general availability, on a paid plan published at the pricing URL. To connect Lookout to Customer’s own data, Customer must also register for RudderStack’s customer data platform, and Lookout uses the data warehouse connection(s) configured there; otherwise Lookout operates only on sample data furnished by RudderStack, which is RudderStack Materials and not Customer Data. Registering for Lookout alone does not start a Trial; §11 (Trial Terms) applies to Customer’s registration for the customer data platform as set forth in §11.1. Access to Lookout does not extend or restart any Trial Period and is independent of Customer’s plan tier for the remainder of the Services. Until RudderStack makes Lookout generally available, Lookout is a Beta Service subject to §1.4. If Customer participates in a Lookout design partner or pilot program under a separate written agreement, that agreement governs over this Agreement with respect to Lookout for its term.
• Добавлено: (b) Warehouse Access. Lookout accesses Customer’s data warehouse through the warehouse connection(s) configured in Customer’s Account, using the same credentials as the rest of the Services. Customer determines, and is responsible for, the credentials, roles, and permissions it grants the Services (including Lookout) to Customer’s data warehouse and to Third-Party Products, including limiting that access to the schemas, tables, and fields Customer wishes Lookout to use. RudderStack will not use those credentials to access any data or system beyond the scope Customer authorizes, will store those credentials encrypted at rest, and will delete them as set forth in the DPA. Lookout queries data in place in Customer’s data warehouse and does not maintain copies of warehouse tables; its access is read-only, except that the Services write sync-state tables and related metadata to a RudderStack-designated schema within Customer’s data warehouse as described in the documentation. Data that Lookout retrieves from Customer’s data warehouse (including query results, samples, and Audience membership) is Customer Data, and RudderStack will use it only to provide Lookout to Customer, generate Outputs, perform Activations, and as permitted under §2.6(c), and will retain query results and samples that appear in Prompts or Outputs only as set forth in §2.6(h), and will not persistently store Audience membership, which RudderStack processes transiently (including in temporary caches) as needed to display results and perform Activations, as set forth in the DPA.
• Добавлено: (c) Audiences and Activations. Lookout performs Activations only at the instruction of a User or in accordance with sync schedules, approvals, automation settings, and other guardrails configured or enabled by Customer. Customer is solely responsible for reviewing Audiences before activating them and for each Activation, including ensuring that (i) Customer has provided all notices and obtained all consents and other legal bases required under applicable law to use personal data to build Audiences and to disclose it to Third-Party Products, including for targeted or cross-context behavioral advertising and any “sale” or “sharing” of personal data; (ii) Audiences are not based on, and do not reveal, sensitive personal data except as permitted by applicable law and the policies of the receiving Third-Party Product; (iii) Audiences used for targeted advertising do not include individuals whom Customer knows, or willfully disregards, are minors under any applicable law that restricts targeted advertising to minors, except as that law permits; and (iv) each Activation complies with the terms and policies of the receiving Third-Party Product. Customer will connect each Third-Party Product that receives an Activation using credentials for Customer’s own account with that Third-Party Product. Destinations and Activations configured through Lookout are maintained in Customer’s Account, are not deleted merely because Customer deletes an Audience or stops using Lookout, and Customer is responsible for pausing or deleting any Activation it no longer wishes to run. Activations are transmissions of Customer Data to Third-Party Products under §3.4. RudderStack is not responsible for any Third-Party Product’s use of Activated data, or for advertising spend, campaign performance, or other results of any Activation.
• Добавлено: п. 3.6 3.6 - Suspension
• Добавлено: RudderStack may suspend Customer’s access to all or any part of the Services (including any AI Feature or Activation) if RudderStack reasonably determines that (a) Customer’s use of the Services poses a security risk to the Services, RudderStack, or any third party; (b) Customer’s use of the Services violates §2.7(c), §3.2, or applicable law, or could subject RudderStack or any third party to liability; or (c) suspension is required by law or by the provider of a Third-Party Product. RudderStack will limit any suspension to the extent reasonably necessary, will use reasonable efforts to notify Customer in advance where practicable (and otherwise promptly after suspension), and will restore access promptly after the underlying cause is resolved. Suspension under this §3.6 does not relieve Customer of its obligation to pay Fees.
• Добавлено: The data-type restrictions set forth in §3.2(f) apply in full to the Trial Period and the Grace Period.

Изменено

• Изменено: Было Subject to the terms set forth in this Agreement, RudderStack will provide Customer with the Services on the plan tier the Customer subscribes to via the Site, at the rates published here (“Fees”). “Services” means the native customer data platform provided by RudderStack (including any corresponding SDKs, APIs, documentation, or software made available by RudderStack in connection with such service (“Software”)) and subsequent enhancements, updates, and bug fixes made generally available by RudderStack for no additional Fee (“Updates”), but specifically excludes Third-Party Products. Стало Subject to the terms set forth in this Agreement, RudderStack will provide Customer with the Services on the plan tier the Customer subscribes to via the Site, at the rates published here (“Fees”). “Services” means the native customer data platform provided by RudderStack and any other RudderStack application made available to Customer through the Site or the Services, including Rudder Lookout as described in §2.7 (including any corresponding SDKs, APIs, documentation, or software made available by RudderStack in connection with such service (“Software”)) and subsequent enhancements, updates, and bug fixes made generally available by RudderStack for no additional Fee (“Updates”), but specifically excludes Third-Party Products.
• Изменено: Было “Third-Party Product” means a non-RudderStack product or application that Customer chooses to integrate with or use in connection with the Services. Customers who create an Account without subscribing to a paid plan are provisioned with a thirty (30) day trial of the Growth tier feature set, governed by §11 (Trial Terms). Стало “Third-Party Product” means a non-RudderStack product or application that Customer chooses to integrate with or use in connection with the Services. Customers eligible under §11.1 who create an Account without subscribing to a paid plan are provisioned with a thirty (30) day trial of the Growth tier feature set, governed by §11 (Trial Terms).
• Изменено: Было RudderStack will maintain a security program materially in accordance with industry standards that is designed to (a) ensure the security of Customer data uploaded by Customer to the Services, including Customer’s end user data (collectively “Customer Data”); (b) protect against threats or hazards to the security of Customer Data; and (c) prevent unauthorized access to Customer Data. RudderStack’s security safeguards include measures for preventing access, use, modification or disclosure of Customer Data by RudderStack personnel except (i) to provide the Services and prevent or address service or technical problems, (ii) as required by applicable law, or (iii) as Customer expressly permits in writing or under this Agreement. RudderStack will not materially diminish the protections provided in this Section during the term of this Agreement. Стало RudderStack will maintain a security program materially in accordance with industry standards that is designed to (a) ensure the security of Customer data uploaded by Customer to the Services, or accessed by the Services in Customer’s data warehouse or other systems at Customer’s direction, including Customer’s end user data (collectively “Customer Data”); (b) protect against threats or hazards to the security of Customer Data; and (c) prevent unauthorized access to Customer Data. RudderStack’s security safeguards include measures for preventing access, use, modification or disclosure of Customer Data by RudderStack personnel except (i) to provide the Services and prevent or address service or technical problems, (ii) as required by applicable law, or (iii) as Customer expressly permits in writing or under this Agreement. RudderStack will not materially diminish the protections provided in this Section during the term of this Agreement.
• Изменено: Было With respect to any personal data subject to Data Privacy Laws (as defined in the DPA) that Customer is permitted to transmit in connection with the Services (such as IP addresses or user IDs), the DPA (as updated from time to time) is hereby incorporated by reference into this Agreement. If there is a conflict between this Agreement and the DPA, the DPA shall govern. RudderStack will provide at least thirty (30) days’ prior notice of material changes to the DPA via email or in-product notification; continued use of the Services after the effective date of the change constitutes acceptance. Стало With respect to any personal data subject to Applicable Data Protection Laws (as defined in the DPA) that Customer is permitted to transmit in connection with the Services (such as IP addresses or user IDs), the DPA (as updated from time to time) is hereby incorporated by reference into this Agreement. If there is a conflict between this Agreement and the DPA, the DPA shall govern. RudderStack will provide at least thirty (30) days’ prior notice of material changes to the DPA via email or in-product notification; continued use of the Services after the effective date of the change constitutes acceptance.

• Изменено: Было From time to time, Customer may have the option to participate in a program with RudderStack where Customer gets to use Alpha or Beta services, products, features or documentation (collectively, “Beta Services”) offered by RudderStack. These Beta Services may contain bugs, errors, defects or harmful components. RudderStack does not provide any indemnities, service level commitments or warranties, express or implied, including warranties of merchantability, title, non-infringement, and fitness for a particular purpose, in relation thereto , Customer or RudderStack may terminate Customer’s access to Beta Services at any time. Стало From time to time, Customer may have the option to participate in a program with RudderStack where Customer gets to use Alpha or Beta services, products, features or documentation (collectively, “Beta Services”) offered by RudderStack. These Beta Services may contain bugs, errors, defects or harmful components. RudderStack does not provide any indemnities, service level commitments or warranties, express or implied, including warranties of merchantability, title, non-infringement, and fitness for a particular purpose, in relation thereto . Customer or RudderStack may terminate Customer’s access to Beta Services at any time.
• Изменено: Было A “Paused Subscription” means an Account state in which: (a) the data pipelines, transformations, and other Services configured for the Account cease to operate and no Events are ingested, processed, or delivered; (b) Customer Users may continue to log in to the Account in read-only mode for the limited purpose of inspecting and exporting configurations; ( c ) the Customer’s source, destination, tracking-plan, and transformation configurations are preserved as set forth in §1.6 (Configuration Preservation); ( d ) RudderStack does not automatically resume Services; and ( e ) the Account remains in the Paused Subscription state until the Customer affirmatively reactivates by subscribing to a paid plan via the Site, until the Preservation Period set forth in §1.6 expires, or until RudderStack terminates the Account, whichever occurs first. Reactivation requires the Customer to add a valid payment method and to subscribe to a Growth plan; reactivation does not extend, restart, or reinstate any prior Trial Period, Grace Period, or Annual Term. Стало A “Paused Subscription” means an Account state in which: (a) the data pipelines, transformations, and other Services configured for the Account cease to operate and no Events are ingested, processed, or delivered; (b) RudderStack may make the AI Features, including Lookout, unavailable, and no Activations are performed; (c) Customer Users may continue to log in to the Account in read-only mode for the limited purpose of inspecting and exporting configurations; ( d ) the Customer’s source, destination, tracking-plan, and transformation configurations and Audiences are preserved as set forth in §1.6 (Configuration Preservation); ( e ) RudderStack does not automatically resume Services; and ( f ) the Account remains in the Paused Subscription state until the Customer affirmatively reactivates by subscribing to a paid plan via the Site, until the Preservation Period set forth in §1.6 expires, or until RudderStack terminates the Account, whichever occurs first. Reactivation requires the Customer to add a valid payment method and to subscribe to a Growth plan; reactivation does not extend, restart, or reinstate any prior Trial Period, Grace Period, or Annual Term.
• Изменено: Было For Accounts in the Paused Subscription state, RudderStack will preserve the Account’s source configurations, destination configurations, tracking plans, and transformation logic (collectively, “Configurations”) for a period of one (1) year following the date the Account entered the Paused Subscription state (the “Preservation Period”). During the Preservation Period, the Customer may reactivate the Account in accordance with §1.5 and resume operation using the preserved Configurations. RudderStack does not retain Customer Data ingested, processed, or delivered during prior Account activity beyond the period set forth in § 6 . 3 ( Survival ), and this § 1.6 does not extend or modify §6 . 3 with respect to Customer Data . Upon expiration of the Preservation Period without reactivation, RudderStack may delete the Configurations in its sole discretion . Стало For Accounts in the Paused Subscription state, RudderStack will preserve the Account’s source configurations, destination configurations, tracking plans, transformation logic , and Audiences (collectively, “Configurations”) for a period of one (1) year following the date the Account entered the Paused Subscription state (the “Preservation Period”). During the Preservation Period, the Customer may reactivate the Account in accordance with §1.5 and resume operation using the preserved Configurations. The Preservation Period does not extend RudderStack’s retention of Customer Data, which continues to be purged and deleted as set forth in § 2 . 6 ( h ), § 2 . 7, and the DPA . Upon expiration of the Preservation Period without reactivation, this Agreement will terminate and RudderStack will delete the Configurations and any remaining Customer Data in accordance with the DPA .
• Изменено: Было RudderStack retains all right, title, interest (including, but not limited, to intellectual property rights) in and to the RudderStack Materials, Software, and Services, all improvements, enhancements or modifications thereto, and anything developed and delivered under this Agreement, including all System Data. “System Data” means anonymized and aggregated user and other data and information collected, derived, or otherwise generated by the Services that may be used by RudderStack to create logs, statistics and reports regarding performance, availability, integrity and security of the Services (e.g., aggregate response rate). No rights are granted to Customer hereunder except as expressly set forth in this Agreement. Стало RudderStack retains all right, title, interest (including, but not limited, to intellectual property rights) in and to the RudderStack Materials, Software, and Services, all improvements, enhancements or modifications thereto, and anything developed and delivered under this Agreement, including all System Data. “System Data” means anonymized and aggregated user and other data and information collected, derived, or otherwise generated by the Services that may be used by RudderStack to create logs, statistics and reports regarding performance, availability, integrity and security of the Services (e.g., aggregate response rate). “RudderStack Materials” means the Services, the Software, documentation, System Data, Product Telemetry, and all other technology RudderStack makes available or uses in providing the Services, together with all intellectual property rights in any of the foregoing, but excluding Customer Data. No rights are granted to Customer hereunder except as expressly set forth in this Agreement.
• Изменено: Было In addition to System Data, RudderStack may collect data generated by Customer's and its Users' use of the Services, including without limitation the volume and type of Events ingested, the destinations and integrations Customer configures, the Configurations established, the features and capabilities used, team size within the Account, and operational metadata such as login frequency and session duration (" Product Telemetry "). Product Telemetry is distinct from Customer Data; it does not include the contents of Events ingested through the Services, and RudderStack will not combine Product Telemetry with Customer Data except as expressly permitted under §2.6 (AI Features; Context Layers; and Service Improvement). RudderStack collects, uses, and retains Product Telemetry in accordance with RudderStack's Privacy Policy for any legitimate business purpose, including without limitation product analytics, service improvement, security, customer retention, and sales and marketing. Nothing in this Section grants RudderStack rights in Customer Data beyond those expressly granted in §2.3 and §2.6. Стало In addition to System Data, RudderStack may collect data generated by Customer's and its Users' use of the Services, including without limitation the volume and type of Events ingested, the destinations and integrations Customer configures, the Configurations established, the features and capabilities used, team size within the Account, and operational metadata such as login frequency and session duration (“ Product Telemetry ”). Product Telemetry is distinct from Customer Data; it does not include the contents of Events ingested through the Services, and RudderStack will not combine Product Telemetry with Customer Data except as expressly permitted under §2.6 (AI Features; Context Layers; and Service Improvement). RudderStack collects, uses, and retains Product Telemetry in accordance with RudderStack's Privacy Policy for any legitimate business purpose, including without limitation product analytics, service improvement, security, customer retention, and sales and marketing. RudderStack will not sell Product Telemetry, and will not disclose Product Telemetry that identifies Customer to any third party other than RudderStack’s service providers bound by confidentiality obligations. Nothing in this Section grants RudderStack rights in Customer Data beyond those expressly granted in §2.3 and §2.6.
• Изменено: Было (a) **AI Features **. From time to time RudderStack may make available features of the Services that use machine learning, large language models, or similar technologies to generate outputs or perform tasks in response to User inputs, including natural-language data analysis, query generation (such as generating SQL), agentic workflows, and in-product assistance with configuring, monitoring, and debugging Customer’s data pipelines (collectively, “AI Features”). “Prompts” means the inputs, instructions, questions, and natural-language requests that Users submit to the AI Features. “Outputs” means the content, analyses, queries, and other results the AI Features generate in response to Prompts . Customer’s access to and use of the AI Features is subject to this Agreement and to any additional feature-specific documentation or usage limits RudderStack publishes. The AI Features are identified as such within the Services. Customer may enable or disable the AI Features for each of its workspaces at any time through the in-product settings; disabling the AI Features does not affect the remainder of the Services. Стало (a) **AI Features .** From time to time RudderStack may make available features of the Services that use machine learning, large language models, or similar technologies to generate outputs or perform tasks in response to User inputs, including natural-language data analysis, query generation (such as generating SQL), agentic workflows, and in-product assistance with configuring, monitoring, and debugging Customer’s data pipelines (collectively, “AI Features”). “Prompts” means the inputs, instructions, questions, and natural-language requests that Users submit to the AI Features. “Outputs” means the content, analyses, queries, and other results the AI Features generate in response to Prompts or otherwise generate for Customer (such as proactive suggestions). Customer ’s access to and use of the AI Features is subject to this Agreement and to any additional feature-specific documentation or usage limits RudderStack publishes , provided that no such documentation or usage limits will materially diminish Customer’s rights or RudderStack’s obligations under this Agreement . The AI Features are identified as such within the Services. Customer may enable or disable the AI Features for each of its workspaces at any time through the in-product settings; disabling the AI Features does not affect the remainder of the Services. RudderStack may enable a workspace for the Lookout embedding rollout described in subsection (e) independently of Customer’s AI Feature settings.
• Изменено: Было (c) **License; Service Improvement **. Customer hereby grants RudderStack a non-exclusive, worldwide, royalty-free, fully paid license to use, host, process, reproduce, and create derivative works of Customer Data, Prompts, Outputs, and Product Telemetry in order to: (i) provide, operate, and support the AI Features and generate Outputs for Customer; (ii) generate, maintain, and make available Workspace Context for the benefit of Customer and its Users; (iii) test, monitor, secure, maintain, and improve the quality, safety, and performance of the Services and the AI Features, including by evaluating Prompts and Outputs from which Customer end-user data has been redacted; and (iv) generate, maintain, and use Platform Context for the benefit of RudderStack’s customers generally. RudderStack will not use Customer Data, Prompts, or Outputs to train or fine-tune any machine-learning or large-language model, and will not permit any third party to do so, except that RudderStack may use Product Telemetry and Platform Context for such purposes. This §2.6 states an additional purpose for which RudderStack may use Customer Data, and supplements the license granted in §2.3. To the extent this §2.6 applies to personal data, it constitutes Customer’s documented instruction to RudderStack under the DPA. Стало (c) **License; Service Improvement .** Customer hereby grants RudderStack a non-exclusive, worldwide, royalty-free, fully paid license to use, host, process, reproduce, and create derivative works of Customer Data, Prompts, Outputs, and Product Telemetry in order to: (i) provide, operate, and support the AI Features and generate Outputs for Customer; (ii) generate, maintain, and make available Workspace Context for the benefit of Customer and its Users; (iii) test, monitor, secure, maintain, and improve the quality, safety, and performance of the Services and the AI Features, including by evaluating Prompts and Outputs from which Customer end-user data has been redacted and by using the observability and analytics subprocessors identified in the DPA ; and (iv) generate, maintain, and use Platform Context for the benefit of RudderStack’s customers generally. RudderStack will not use Customer Data, Prompts, or Outputs to train or fine-tune any machine-learning or large-language model, and will not permit any third party to do so, except that RudderStack may use Product Telemetry and Platform Context for such purposes. This §2.6 states an additional purpose for which RudderStack may use Customer Data, and supplements the license granted in §2.3. To the extent this §2.6 applies to personal data, it constitutes Customer’s documented instruction to RudderStack under the DPA.
• Изменено: Было (d) **Ownership **. As between the parties, RudderStack owns all right, title, and interest in and to the Workspace Context, the Platform Context, Product Telemetry, System Data, and all models, algorithms, weights, and other technology developed or improved under this §2.6, all of which constitute RudderStack Materials and, with respect to Platform Context and System Data, System Data under §2.2. Outputs generated for Customer are, as between the parties, Customer Data owned by Customer under §2.3, subject to the licenses granted in §2.3 and this §2.6 and to the disclaimers in §2.6(f) and §8.3. Customer acknowledges that the AI Features generate Outputs using probabilistic models, that the same or similar Outputs may be generated for other customers, and that RudderStack retains all right, title, and interest in and to the AI Features and the underlying technology. Стало (d) **Ownership .** As between the parties, RudderStack owns all right, title, and interest in and to the Workspace Context, the Platform Context, Product Telemetry, System Data, and all models, algorithms, weights, and other technology developed or improved under this §2.6, all of which constitute RudderStack Materials and, with respect to Platform Context and System Data, System Data under §2.2. Outputs generated for Customer are, as between the parties, Customer Data owned by Customer under §2.3, subject to the licenses granted in §2.3 and this §2.6 and to the disclaimers in §2.6(f) and §8.3. Customer acknowledges that the AI Features generate Outputs using probabilistic models, that the same or similar Outputs may be generated for other customers, and that RudderStack retains all right, title, and interest in and to the AI Features and the underlying technology. To the extent Workspace Context contains Customer Data or Customer’s Confidential Information, it will be treated as Customer’s Confidential Information.
• Изменено: Было (e) **Personal Data; Data Privacy **. To the extent Prompts, Outputs, Workspace Context, or Platform Context contain personal data subject to Data Privacy Laws , RudderStack’s processing is governed by the DPA, and RudderStack will de-identify and/or aggregate any personal data used to generate Platform Context to a standard consistent with the DPA’s requirements for anonymized or de-identified data. RudderStack will process Prompts and Outputs , including through any subprocessor, only within the geographic region (United States or European Union) of the AWS environment selected for Customer’s Account under the DPA. Customer acknowledges that the AI Features read, and may display to Customer’s Users, Customer Data within Customer’s workspace (including Configurations and the contents of Events) in order to respond to Prompts. Customer will not submit to the AI Features any of the categories of data restricted under §3.2(f), and Customer remains responsible under §3.3 for the legality, accuracy, and quality of the Customer Data and Prompts it submits. RudderStack’s use of subprocessors (including the cloud service provider that hosts the models used by the AI Features) in connection with the AI Features is governed by the DPA. Стало (e) **Personal Data; Data Privacy .** To the extent Prompts, Outputs, Workspace Context, or Platform Context contain personal data subject to Applicable Data Protection Laws (as defined in the DPA), RudderStack’s processing is governed by the DPA, and RudderStack will de-identify and/or aggregate any personal data used to generate Platform Context to a standard consistent with the DPA’s requirements for anonymized or de-identified data. For AI Features other than Lookout , RudderStack will perform model inference only within the geographic region (United States or European Union) of the AWS environment selected for Customer’s Account under the DPA. Lookout, and the observability and analytics subprocessors that support the AI Features, process data as described in the DPA, in the locations identified in the DPA’s subprocessor list. Where RudderStack has enabled Customer ’s workspace for the Lookout embedding rollout, the notes and search queries Users submit in that workspace are transmitted to the embedding subprocessor identified in the DPA, which may process them in any of its regions, and RudderStack stores the resulting vector embeddings, together with those inputs, as described in subsection (h). Customer acknowledges that the AI Features read, and may display to Customer’s Users, Customer Data within Customer’s workspace (including Configurations and the contents of Events) in order to respond to Prompts. Customer will not submit to the AI Features , or grant Lookout access to, any of the categories of data restricted under §3.2(f), and Customer remains responsible under §3.3 for the legality, accuracy, and quality of the Customer Data and Prompts it submits. RudderStack’s use of subprocessors (including the providers that host the models used by the AI Features) in connection with the AI Features is governed by the DPA.
• Изменено: Было (g) **Opt-Outs **. Customer may opt out of (A) the use of its Prompts and Outputs for evaluation under subsection (c)(iii) and/or (B) the contribution of information derived from its use of the AI Features to Platform Context under subsection (c)(iv) by submitting a request through the in-product settings or to privacy@RudderStack.com. An opt-out applies prospectively only and does not require RudderStack to remove or disaggregate any de-identified or aggregated Platform Context already generated. An opt-out does not affect the AI Features, Workspace Context, or RudderStack’s rights under subsections (c)(i)–(ii). Стало (g) **Opt-Outs .** Customer may opt out of (A) the use of its Prompts and Outputs for evaluation under subsection (c)(iii) and/or (B) the contribution of information derived from its use of the AI Features to Platform Context under subsection (c)(iv) by submitting a request through the in-product settings or to privacy@RudderStack.com. An opt-out applies prospectively only and does not require RudderStack to remove or disaggregate any de-identified or aggregated Platform Context already generated. An opt-out does not affect the AI Features, Workspace Context, RudderStack’s operational logging, monitoring, and observability of the AI Features, or RudderStack’s rights under subsections (c)(i)–(ii).
• Изменено: Было As part of the registration process, Customer will identify an administrative username and password for Customer’s account (the “Account”). Customer may use the administrative username and password to create standard Users (each with a user password) up to the maximum number permitted by Customer’s then-current plan tier. RudderStack reserves the right to refuse registration of or cancel passwords it deems inappropriate or not in compliance with RudderStack’s password policy specified on the website at the time of registration of the Account. Customer shall be responsible for the acts or omissions of any person or User who accesses the Services using passwords or access procedures provided to or created by Customer. Customer shall be responsible for all activities that occur under Customer’s Account. Customer must provide true, accurate, current and complete information as requested during the Account creation process, and must also keep that information true, accurate, current and complete. “User” means an individual Customer invites or permits to use the Services, including employees, contractors, agents and consultants of Customer or an approved Affiliate. Стало As part of the registration process, Customer will identify an administrative username and password for Customer’s account (the “Account”). Customer may use the administrative username and password to create standard Users (each with a user password) up to the maximum number permitted by Customer’s then-current plan tier. RudderStack reserves the right to refuse registration of or cancel passwords it deems inappropriate or not in compliance with RudderStack’s password policy specified on the website at the time of registration of the Account. Customer shall be responsible for the acts or omissions of any person or User who accesses the Services using passwords or access procedures provided to or created by Customer. Customer shall be responsible for all activities that occur under Customer’s Account. Customer must provide true, accurate, current and complete information as requested during the Account creation process, and must also keep that information true, accurate, current and complete. “User” means an individual Customer invites or permits to use the Services, including employees, contractors, agents and consultants of Customer or an Affiliate of Customer. “ Affiliate ” means any entity that directly or indirectly controls, is controlled by, or is under common control with a party, where “control” means ownership of more than fifty percent (50%) of the voting interests of that entity .
• Изменено: Было Customer will not (and will not allow any Third - Party to) directly or indirectly: (a) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Software or Services (or any documentation or data related to the Services); (b) modify, translate, or create derivative works based on the Software or Services; (c) copy (except for archival purposes), rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to the Software or Services; (d) use the Services or Software for the benefit of a Third - Party, in violation of any applicable laws or regulations or outside the scope expressly permitted hereunder (including in violation of the usage restrictions, volume limits, or feature limits applicable to Customer’s then-current plan tier as published at the pricing URL ) ; (e) collect, process, store or transmit any Customer Data in violation of any applicable laws or regulations or privacy policies, agreements or other obligations Customer may maintain or enter into with its end users; (f) collect, transmit or provide to the Services hereunder any financial information of any nature , or any medical information of any nature, including bio-metric or genetic data, or any social security numbers, driver’s license numbers, birth dates, passwords, personal bank account numbers, passport, government-issued ID or visa numbers and credit card numbers), or any names or email addresses in combination with any phone numbers or mailing addresses, (other than those of Customer’s Users), or any other sensitive personal data ; (g) attempt to probe, scan or test the vulnerability of the Services, breach the security or authentication measures of the Services without proper authorization or willfully render any part of the Services unusable; (h) use or access the Services to develop a product or service that is competitive with the Services or engage in competitive analysis or benchmarking; (i) incorporate the Services or Software into a product or service Customer provides to a Third - Party or publicly disseminate information regarding the performance of the Software or Services; or (j) remove any proprietary notices or labels (all of the foregoing, collectively, the “License Restrictions”). Стало Customer will not (and will not allow any third party to) directly or indirectly: (a) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Software or Services (or any documentation or data related to the Services); (b) modify, translate, or create derivative works based on the Software or Services; (c) copy (except for archival purposes), rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to the Software or Services; (d) use the Services or Software for the benefit of a third party, in violation of any applicable laws or regulations or outside the scope expressly permitted hereunder (including in violation of the usage restrictions, volume limits, or feature limits applicable to Customer’s then-current plan tier as published at the pricing URL ); (e) collect, process, store or transmit any Customer Data in violation of any applicable laws or regulations or privacy policies, agreements or other obligations Customer may maintain or enter into with its end users; (f) collect, transmit or provide to the Services hereunder any payment card, bank account, or other financial account information , or any medical information of any nature, including bio-metric or genetic data, or any social security numbers, driver’s license numbers, birth dates, passwords, passport, government-issued ID or visa numbers , or any other sensitive personal data; provided that, for clarity, this subsection (f) does not restrict (i) contact identifiers (such as names, email addresses, phone numbers , and mailing addresses, in plain or hashed form) or (ii) purchase or transaction history (such as products purchased, order dates, and order values) that does not include payment card, bank account, or other financial account information ; (g) attempt to probe, scan or test the vulnerability of the Services, breach the security or authentication measures of the Services without proper authorization or willfully render any part of the Services unusable; (h) use or access the Services to develop a product or service that is competitive with the Services or engage in competitive analysis or benchmarking; (i) incorporate the Services or Software into a product or service Customer provides to a third party or publicly disseminate information regarding the performance of the Software or Services; or (j) remove any proprietary notices or labels (all of the foregoing, collectively, the “License Restrictions”).
• Изменено: Было Customer shall be responsible for: (a) its Users’ compliance with this Agreement; (b) compliance with any and all applicable Third-Party terms of service, privacy policies and similar documents for platforms, networks and/or websites that Customer runs its applications on; (c) the legality, accuracy and quality of Customer Data, including ensuring that Customer’s use of the Services or Software to collect, process, store and transmit Customer Data is compliant with all applicable laws and regulations as well as any and all privacy policies, agreements or other obligations Customer may maintain or enter into with its end-users; and (d) use commercially reasonable efforts to prevent the unauthorized access to or use of the Services or Software. In addition, in the event RudderStack is legally or contractually required to change or modify the Software or Services in order to ensure the Software or Services complies with the terms of service or privacy policies of various platforms, networks and/or websites, then Customer shall be responsible for making all necessary changes to Customer’s applications and websites in order to continue using the Services. Customer also maintains all responsibility for determining whether the Services or the information generated thereby is accurate or sufficient for Customer’s purposes. Стало Customer shall be responsible for: (a) its Users’ compliance with this Agreement; (b) compliance with any and all applicable third-party terms of service, privacy policies and similar documents for platforms, networks and/or websites that Customer runs its applications on; (c) the legality, accuracy and quality of Customer Data, including ensuring that Customer’s use of the Services or Software to collect, process, store and transmit Customer Data is compliant with all applicable laws and regulations as well as any and all privacy policies, agreements or other obligations Customer may maintain or enter into with its end-users; and (d) using commercially reasonable efforts to prevent the unauthorized access to or use of the Services or Software. In addition, in the event RudderStack is legally or contractually required to change or modify the Software or Services in order to ensure the Software or Services complies with the terms of service or privacy policies of various platforms, networks and/or websites, then Customer shall be responsible for making all necessary changes to Customer’s applications and websites in order to continue using the Services. Customer also maintains all responsibility for determining whether the Services or the information generated thereby is accurate or sufficient for Customer’s purposes.
• Изменено: п. 3.5 Было 3.5 - Overages Стало 3.5 - Free Tier Usage Limits
• Изменено: Было Each party agrees that it will use the Confidential Information of the other party solely in accordance with the provisions of this Agreement and it will not disclose, or permit to be disclosed, the same directly or indirectly, to any Third - Party without the other party’s prior written consent, except as otherwise permitted hereunder. However, either party may disclose Confidential Information (a) to its employees, officers, directors, attorneys, auditors, financial advisors and other representatives who have a need to know and are legally bound to keep such information confidential by confidentiality obligations consistent with those of this Agreement; and (b) as required by law (in which case the receiving party will provide the disclosing party with prior written notification thereof (to the extent legally permitted), will provide the disclosing party with the opportunity to contest such disclosure, and will use its reasonable efforts to minimize such disclosure to the extent permitted by applicable law . Neither party will disclose the terms of this Agreement to any Third - Party, except that either party may confidentially disclose such terms to actual or potential lenders, investors or acquirers. Each party agrees to exercise due care in protecting the Confidential Information from unauthorized use and disclosure. In the event of actual or threatened breach of the provisions of this Section or the License Restrictions, the non-breaching party will be entitled to seek immediate injunctive and other equitable relief, without waiving any other rights or remedies available to it. Each party will promptly notify the other in writing if it becomes aware of any violations of the confidentiality obligations set forth in this Agreement. Стало Each party agrees that it will use the Confidential Information of the other party solely in accordance with the provisions of this Agreement and it will not disclose, or permit to be disclosed, the same directly or indirectly, to any third party without the other party’s prior written consent, except as otherwise permitted hereunder. However, either party may disclose Confidential Information (a) to its employees, contractors, officers, directors, attorneys, auditors, financial advisors and other representatives who have a need to know and are legally bound to keep such information confidential by confidentiality obligations consistent with those of this Agreement; and (b) as required by law (in which case the receiving party will provide the disclosing party with prior written notification thereof (to the extent legally permitted), will provide the disclosing party with the opportunity to contest such disclosure, and will use its reasonable efforts to minimize such disclosure to the extent permitted by applicable law ). Neither party will disclose the terms of this Agreement to any third party, except that either party may confidentially disclose such terms to actual or potential lenders, investors or acquirers. Each party agrees to exercise due care in protecting the Confidential Information from unauthorized use and disclosure. In the event of actual or threatened breach of the provisions of this Section or the License Restrictions, the non-breaching party will be entitled to seek immediate injunctive and other equitable relief, without waiving any other rights or remedies available to it. Each party will promptly notify the other in writing if it becomes aware of any violations of the confidentiality obligations set forth in this Agreement.
• Изменено: Было (a) **Generally **. Customer will pay RudderStack the Fees applicable to Customer’s then-current plan tier as published at here. All Fees are denominated in U.S. dollars. Except as expressly set forth in this Agreement, all Fees paid are non-refundable. Стало (a) **Generally .** Customer will pay RudderStack the Fees applicable to Customer’s then-current plan tier as published here (https://www . rudderstack.com/pricing/, as updated from time to time, the “pricing URL”). All Fees are denominated in U.S. dollars. Except as expressly set forth in this Agreement, all Fees paid are non-refundable.
• Изменено: Было (h) **Changes to Published Pricing **. RudderStack may update the rates published at the pricing URL on at least thirty (30) days’ prior notice to Customer via email or in-product notification. Continued use of the Services after the effective date of the change constitutes acceptance of the updated rates. Стало (h) **Changes to Published Pricing .** RudderStack may update the rates published at the pricing URL on at least thirty (30) days’ prior notice to Customer via email or in-product notification. Continued use of the Services after the effective date of the change constitutes acceptance of the updated rates. Updated rates do not apply to subscription Fees for the remainder of a then-current Annual Term.
• Изменено: п. 5.2 Было 5.2 – Payment Method; Failed Charges . Стало 5.2 – Payment Method; Failed Charges
• Изменено: Было Customer may cancel a Growth subscription at any time via the Site, with cancellation effective at the end of the then-current calendar month (or, for Annual Subscriptions, at the end of the Annual Term as set forth in §5.1(d)(iv)). Upon cancellation taking effect, the Account will be transitioned to the Paused Subscription state set forth in §1.5, and Customer’s Configurations will be preserved as set forth in §1.6. Customer may terminate this Agreement (and thereby cause RudderStack to delete the Account and Configurations earlier than the end of the Preservation Period) by sending a written termination notice in accordance with §10.5; absent such notice, the Account remains in the Paused Subscription state until the Preservation Period expires. Either party may terminate this Agreement immediately upon written notice if (a) the other party materially breaches any term or condition of this Agreement, and, if the breach is capable of remedy, fails to remedy that breach within thirty (30) calendar days of notice, or (b) subject to applicable law, upon the other party’s liquidation, commencement of dissolution proceedings, assignment of substantially all of its assets for the benefit of creditors, or filing of a bankruptcy or similar proceeding that is not dismissed within sixty (60) days. RudderStack may additionally suspend or terminate this Agreement and the Account in accordance with §3.5, §5.1(f), §5.2, §11, or any other express provision of this Agreement. Upon termination, Customer’s obligation to pay accrued and unpaid Fees through the effective date of termination survives. There are no prepaid Fees subject to refund under this Agreement . Стало Customer may cancel a Growth subscription at any time via the Site, with cancellation effective at the end of the then-current calendar month (or, for Annual Subscriptions, at the end of the Annual Term as set forth in §5.1(d)(iv)). Upon cancellation taking effect, the Account will be transitioned to the Paused Subscription state set forth in §1.5, and Customer’s Configurations will be preserved as set forth in §1.6. Customer may terminate this Agreement (and thereby cause RudderStack to delete the Account and Configurations earlier than the end of the Preservation Period) by sending a written termination notice in accordance with §10.5; absent such notice, the Account remains in the Paused Subscription state until the Preservation Period expires. Either party may terminate this Agreement immediately upon written notice if (a) the other party materially breaches any term or condition of this Agreement, and, if the breach is capable of remedy, fails to remedy that breach within thirty (30) calendar days of notice, or (b) subject to applicable law, upon the other party’s liquidation, commencement of dissolution proceedings, assignment of substantially all of its assets for the benefit of creditors, or filing of a bankruptcy or similar proceeding that is not dismissed within sixty (60) days. RudderStack may additionally suspend or terminate this Agreement and the Account in accordance with §3.5, § 3.6, § 5.1(f), §5.2, §11, or any other express provision of this Agreement. Upon termination, Customer’s obligation to pay accrued and unpaid Fees through the effective date of termination survives. Except as expressly set forth in this Agreement, prepaid Fees are non-refundable .
• Изменено: Было Upon expiration or termination of this Agreement, all rights and obligations will immediately terminate except that any accrued payment obligations and other terms or conditions that by their nature should survive such termination will survive, including the License Restrictions and terms and conditions relating to confidentiality, disclaimers, indemnification, limitations of liability and termination and the miscellaneous provisions below. Notwithstanding that RudderStack does not store data routinely as a function of providing the Services, RudderStack shall make available to Customer any Customer Data in its possession thirty (30) days after the expiration or termination, after which RudderStack shall have no further obligation to Customer with respect to Customer Data and may, in its sole discretion, permanently delete Customer Data . Стало Upon expiration or termination of this Agreement, all rights and obligations will immediately terminate except that any accrued payment obligations and other terms or conditions that by their nature should survive such termination will survive, including the License Restrictions and terms and conditions relating to confidentiality, disclaimers, indemnification, limitations of liability and termination and the miscellaneous provisions below. RudderStack shall make available to Customer any Customer Data in its possession for thirty (30) days after the expiration or termination, after which RudderStack shall have no further obligation to make Customer Data available to Customer and will delete Customer Data in its possession in accordance with the DPA .
• Изменено: Было RudderStack will defend Customer against any claim, demand, suit, or proceeding (“Claim”) made or brought against Customer by a Third - Party alleging that the use of the Services as permitted hereunder infringes any United States patent, trademark or copyright and will indemnify Customer for any damages finally awarded against Customer (or any settlement approved by RudderStack) in connection with any such Claim. The foregoing obligations do not apply with respect to the Services or portions or components thereof (a) not supplied by RudderStack, (b) made in whole or in part in accordance with Customer specifications, or (c) combined with other products, processes or materials of Customer’s business where the alleged infringement would not have occurred without such combination (collectively, the “Excluded Claims”). If the use of the Services by Customer has become, or in RudderStack’s opinion is likely to become, the subject of any claim of infringement, RudderStack may at its option and expense (i) procure for Customer the right to continue using and receiving the Services as set forth hereunder; (ii) replace or modify the Services to make it non-infringing (with comparable functionality); or (iii) if the options in clauses (i) or (ii) are not reasonably practicable, terminate this Agreement and refund Customer the Fees Customer paid for the calendar month in which the termination is effective . This Section states RudderStack’s entire liability and Customer’s exclusive remedy for infringement or misappropriation of intellectual property of a Third - Party. Стало RudderStack will defend Customer against any claim, demand, suit, or proceeding (“Claim”) made or brought against Customer by a third party alleging that the use of the Services as permitted hereunder infringes any United States patent, trademark or copyright and will indemnify Customer for any damages finally awarded against Customer (or any settlement approved by RudderStack) in connection with any such Claim. The foregoing obligations do not apply with respect to the Services or portions or components thereof (a) not supplied by RudderStack, (b) made in whole or in part in accordance with Customer specifications, or (c) combined with other products, processes or materials of Customer’s business where the alleged infringement would not have occurred without such combination (collectively, the “Excluded Claims”). If the use of the Services by Customer has become, or in RudderStack’s opinion is likely to become, the subject of any claim of infringement, RudderStack may at its option and expense (i) procure for Customer the right to continue using and receiving the Services as set forth hereunder; (ii) replace or modify the Services to make it non-infringing (with comparable functionality); or (iii) if the options in clauses (i) or (ii) are not reasonably practicable, terminate this Agreement and refund Customer the Fees Customer paid for the calendar month in which the termination is effective (and, for an Annual Subscription, the prorated subscription Fees for the unused portion of the Annual Term). This Section states RudderStack’s entire liability and Customer’s exclusive remedy for infringement or misappropriation of intellectual property of a third party.
• Изменено: Было Customer will defend RudderStack against any Claim made or brought against RudderStack by a Third - Party arising out of the Excluded Claims or any breach of the License Restrictions, and Customer will indemnify RudderStack for any damages finally awarded against RudderStack (or any settlement approved by Customer) in connection with any such Claim. Стало Customer will defend RudderStack against any Claim made or brought against RudderStack by a third party arising out of the Excluded Claims , any Activation or other Customer Data that Customer collects, provides, or directs RudderStack to disclose in violation of applicable law or §2.7(c), or any breach of the License Restrictions, and Customer will indemnify RudderStack for any damages finally awarded against RudderStack (or any settlement approved by Customer) in connection with any such Claim.
• Изменено: Было Each party's indemnification obligations are conditioned upon the indemnified party: (a) promptly notifying the indemnifying party of any Claim in writing; and (b) cooperating with the indemnifying party in the defense of any Claim. The indemnified party shall have the right to participate in the defense of any Claim with counsel selected by it subject to the indemnifying party's right to control the defense thereof. The fees and disbursements of such counsel shall be at the expense of the indemnified party. Notwithstanding any other provision of this Agreement, the indemnifying party shall not enter into settlement of any Claim without the prior written consent of the indemnified party , which shall not be unreasonably withheld. Стало Each party's indemnification obligations are conditioned upon the indemnified party: (a) promptly notifying the indemnifying party of any Claim in writing; and (b) cooperating with the indemnifying party in the defense of any Claim. The indemnified party shall have the right to participate in the defense of any Claim with counsel selected by it subject to the indemnifying party's right to control the defense thereof. The fees and disbursements of such counsel shall be at the expense of the indemnified party. Notwithstanding any other provision of this Agreement, the indemnifying party shall not , without the prior written consent of the indemnified party ( which shall not be unreasonably withheld ), enter into any settlement of a Claim that imposes any obligation on the indemnified party (other than ceasing use of allegedly infringing materials or paying amounts funded by the indemnifying party) or includes an admission of fault by the indemnified party .
• Изменено: Было Each party represents to the other that: (a) it is duly organized and a validly existing entity, in good standing under the laws of the jurisdiction in which it was formed, and that it has the right and capacity to enter into this Agreement; (b) it has full power and authority to grant the rights granted by it under this Agreement and that there are no outstanding obligations or agreements that conflict with this Agreement; and (c) this Agreement, when signed by its duly authorized representative , constitutes a valid and legally binding obligation on that party that is enforceable in accordance with the terms of this Agreement. Стало Each party represents to the other that: (a) it is duly organized and a validly existing entity, in good standing under the laws of the jurisdiction in which it was formed, and that it has the right and capacity to enter into this Agreement; (b) it has full power and authority to grant the rights granted by it under this Agreement and that there are no outstanding obligations or agreements that conflict with this Agreement; and (c) this Agreement, when accepted by it , constitutes a valid and legally binding obligation on that party that is enforceable in accordance with the terms of this Agreement.
• Изменено: Было RudderStack warrants that: (a) it will use commercially reasonable efforts to prevent the introduction of viruses, Trojan horses or similar harmful materials into the Services (but RudderStack is not responsible for harmful materials submitted by Customer or Customer’s Users); and (b) the Services will perform materially in accordance with the applicable documentation (collectively, “Performance Warranty”). In the event of a breach of the Performance Warranty, RudderStack will use commercially reasonable efforts to correct any non-conformity. In the event RudderStack determines corrections to be impracticable, either party may terminate this Agreement, and RudderStack will refund Customer the Fees Customer paid for the calendar month in which the termination is effective . The Performance Warranty will not apply: (i) unless Customer makes a claim within thirty (30) days of the date on which Customer noticed the non-conformity, (ii) if the non-conformity is caused by misuse, unauthorized modifications or Third-Party Products, or other third-party products, services, software or equipment, or (iii) Beta Services. RudderStack’s sole liability and Customer’s sole exclusive remedy, for any breach of the Performance Warranty are set forth in this Section 8.2. Стало RudderStack warrants that: (a) it will use commercially reasonable efforts to prevent the introduction of viruses, Trojan horses or similar harmful materials into the Services (but RudderStack is not responsible for harmful materials submitted by Customer or Customer’s Users); and (b) the Services will perform materially in accordance with the applicable documentation (collectively, “Performance Warranty”). In the event of a breach of the Performance Warranty, RudderStack will use commercially reasonable efforts to correct any non-conformity. In the event RudderStack determines corrections to be impracticable, either party may terminate this Agreement, and RudderStack will refund Customer the Fees Customer paid for the calendar month in which the termination is effective (and, for an Annual Subscription, the prorated subscription Fees for the unused portion of the Annual Term). The Performance Warranty will not apply: (i) unless Customer makes a claim within thirty (30) days of the date on which Customer noticed the non-conformity, (ii) if the non-conformity is caused by misuse, unauthorized modifications or Third-Party Products, or other third-party products, services, software or equipment, or (iii) Beta Services. RudderStack’s sole liability and Customer’s sole and exclusive remedy, for any breach of the Performance Warranty are set forth in this Section 8.2.
• Изменено: Было EXCLUDING CUSTOMER’S PAYMENT OBLIGATIONS, EACH PARTY’S MAXIMUM AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS AND DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID OR PAYABLE BY CUSTOMER TO RUDDERSTACK FOR THE APPLICABLE SERVICE, OR THE APPLICABLE PROFESSIONAL SERVICES IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING TYPES OF LOSSES OR DAMAGES. THE ABOVE LIMITS OF LIABILITY ARE EXCLUSIVE AS TO ALL REMEDIES AND THE LIABILITY CAP SHALL NOT BE COMBINED WITH ANY OTHER LIMITS OF LIABILITY SO AS TO INCREASE THE CAP VALUE IN ANY INSTANCE OR SERIES OF INSTANCES. IF APPLICABLE LAW LIMITS THE APPLICATION OF THE PROVISIONS OF THIS SECTION, A PARTY’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE. Стало EXCLUDING CUSTOMER’S PAYMENT OBLIGATIONS AND CUSTOMER’S OBLIGATIONS UNDER SECTION 7.2 , EACH PARTY’S MAXIMUM AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS AND DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID OR PAYABLE BY CUSTOMER TO RUDDERSTACK FOR THE APPLICABLE SERVICE, OR THE APPLICABLE PROFESSIONAL SERVICES IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY OR , IF GREATER, ONE HUNDRED U.S. DOLLARS (US$100), EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING TYPES OF LOSSES OR DAMAGES. THE ABOVE LIMITS OF LIABILITY ARE EXCLUSIVE AS TO ALL REMEDIES AND THE LIABILITY CAP SHALL NOT BE COMBINED WITH ANY OTHER LIMITS OF LIABILITY SO AS TO INCREASE THE CAP VALUE IN ANY INSTANCE OR SERIES OF INSTANCES. IF APPLICABLE LAW LIMITS THE APPLICATION OF THE PROVISIONS OF THIS SECTION, A PARTY’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE.
• Изменено: Было This §11 applies to every Customer that creates an Account on the Site without contemporaneously subscribing to a paid plan (each, a “Trial User”). Capitalized terms used and not defined in this §11 have the meanings given elsewhere in this Agreement. Стало Except as provided in §2.7(a) with respect to Lookout, this §11 applies to every Customer that creates an Account on the Site without contemporaneously subscribing to a paid plan (each, a “Trial User”). Capitalized terms used and not defined in this §11 have the meanings given elsewhere in this Agreement.
• Изменено: Было **Trial Eligibility **. The Trial is offered only to Customers that satisfy each of the eligibility criteria set forth in this §11.1. RudderStack determines eligibility in its sole discretion. Стало (a) **Trial Eligibility .** The Trial is offered only to Customers that satisfy each of the eligibility criteria set forth in this §11.1. RudderStack determines eligibility in its sole discretion.
• Изменено: Было **Business Email Required **. The Trial User must register the Account using a business email address tied to a domain controlled by the Trial User or its organization. RudderStack does not provision Trials to Accounts registered with email addresses on consumer email providers (including, without limitation, gmail.com, yahoo.com, outlook.com, hotmail.com, live.com, msn.com, icloud.com, me.com, mac.com, proton.me, protonmail.com, and aol.com), domains identified on industry-standard disposable, temporary, or anonymizing email-provider lists, or domains otherwise reasonably determined by RudderStack to be ineligible. Стало (b) **Business Email Required .** The Trial User must register the Account using a business email address tied to a domain controlled by the Trial User or its organization. RudderStack does not provision Trials to Accounts registered with email addresses on consumer email providers (including, without limitation, gmail.com, yahoo.com, outlook.com, hotmail.com, live.com, msn.com, icloud.com, me.com, mac.com, proton.me, protonmail.com, and aol.com), domains identified on industry-standard disposable, temporary, or anonymizing email-provider lists, or domains otherwise reasonably determined by RudderStack to be ineligible.
• Изменено: Было **Re-Trial Bar **. A given email domain (and any domain RudderStack reasonably determines to be controlled by the same organization, including affiliated domains and parent/subsidiary domains) is eligible for a Trial only once in any rolling twelve (12) month period. A Trial User whose Trial Period or Grace Period has expired, or whose Trial Account has been terminated, is not eligible to initiate a new Trial under this Agreement, on the same domain or on any other domain controlled by the same organization, until twelve (12) months after the expiration or termination of the prior Trial. RudderStack may, in its sole discretion, waive the re-trial bar in individual cases (for example, where a Trial User’s prior Trial was terminated through no fault of the Trial User, or where a customer-success representative has approved a new Trial in writing). Стало (c) **Re-Trial Bar .** A given email domain (and any domain RudderStack reasonably determines to be controlled by the same organization, including affiliated domains and parent/subsidiary domains) is eligible for a Trial only once in any rolling twelve (12) month period. A Trial User whose Trial Period or Grace Period has expired, or whose Trial Account has been terminated, is not eligible to initiate a new Trial under this Agreement, on the same domain or on any other domain controlled by the same organization, until twelve (12) months after the expiration or termination of the prior Trial. RudderStack may, in its sole discretion, waive the re-trial bar in individual cases (for example, where a Trial User’s prior Trial was terminated through no fault of the Trial User, or where a customer-success representative has approved a new Trial in writing).
• Изменено: Было **Ineligible Signups **. Customers who do not satisfy the criteria in this §11.1 may not access the Trial, but are not otherwise restricted from purchasing Services. Стало (d) **Ineligible Signups .** Customers who do not satisfy the criteria in this §11.1 may not access the Trial, but are not otherwise restricted from purchasing Services.
• Изменено: Было **Sole Discretion; Anti-Circumvention **. Eligibility under this §11.1 is determined by RudderStack in its sole discretion. Any attempt to circumvent the eligibility criteria — including by registering multiple Accounts using different email addresses on the same or related domains, by using disposable or relay email addresses, or by misrepresenting the Trial User’s identity or organization — constitutes a material breach of this Agreement and grounds for immediate termination under §11.10. Стало (e) **Sole Discretion; Anti-Circumvention .** Eligibility under this §11.1 is determined by RudderStack in its sole discretion. Any attempt to circumvent the eligibility criteria — including by registering multiple Accounts using different email addresses on the same or related domains, by using disposable or relay email addresses, or by misrepresenting the Trial User’s identity or organization — constitutes a material breach of this Agreement and grounds for immediate termination under §11.10.
• Изменено: Было Notwithstanding §8.2, the Performance Warranty does not apply during the Trial Period or the Grace Period. The Services during those periods are provided “as is” and “as available,” and RudderStack disclaims all warranties, express or implied, with respect to such use, including warranties of merchantability, fitness for a particular purpose, and non-infringement. The Service Level commitments and Service Credits set forth in Exhibit A do not apply during the Trial Period or the Grace Period. Стало Notwithstanding §8.2, the Performance Warranty does not apply during the Trial Period or the Grace Period. The Services during those periods are provided “as is” and “as available,” and RudderStack disclaims all warranties, express or implied, with respect to such use, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

Удалено

• Удалено: Effective September 09, 2026. The most recent prior version of these Terms of Service is available here.
• Удалено: These terms of service (the “Agreement”) is a binding contract between RudderStack, Inc. (“RudderStack”) and the entity or individual (the “Customer”) creating an account on the website www.RudderStack.com (the “Site”). Customer accepts this Agreement and the Data Processing Addendum published here (the “DPA”) by checking the acceptance box at signup, by accessing the Services, or by using the Services. The Trial Terms set forth in §11 of this Agreement apply to every Customer who creates an Account without contemporaneously subscribing to a paid plan. The “Effective Date” is the date Customer first accepts this Agreement.
• Удалено: (h) Retention and Deletion of Prompts and Outputs. RudderStack retains Prompts and Outputs, including conversation transcripts and any redacted copies used for evaluation under subsection (c)(iii), for no longer than thirty (30) days after they are generated, except for Outputs that Customer elects to save within the Services and except as required by applicable law. Notwithstanding §6.3, RudderStack will delete Prompts and Outputs upon Customer’s request in accordance with the DPA and upon Customer’s deletion of the applicable workspace. RudderStack applies measures designed to redact Customer end-user data (including both field names and field values) from Prompts and Outputs before they are persisted beyond the User’s active session.
• Удалено: The data-type restrictions set forth in §3.2(f) apply in full to the Trial Period and the Grace Period. Without limiting that section, a Trial User shall not collect, transmit, or provide to the Services any financial information, medical information (including biometric or genetic data), social security numbers, driver’s license numbers, birth dates, passwords, personal bank account numbers, passport, government-issued ID or visa numbers, or credit card numbers, or any names or email addresses in combination with phone numbers or mailing addresses (other than those of the Trial User’s own Users), or any other sensitive personal data.

Добавлено

• Добавлено: п. 2.6 2.6 – AI Features; Context Layers; and Service Improvement
• Добавлено: (a) AI Features. From time to time RudderStack may make available features of the Services that use machine learning, large language models, or similar technologies to generate outputs or perform tasks in response to User inputs, including natural-language data analysis, query generation (such as generating SQL), agentic workflows, and in-product assistance with configuring, monitoring, and debugging Customer’s data pipelines (collectively, “AI Features”). “Prompts” means the inputs, instructions, questions, and natural-language requests that Users submit to the AI Features. “Outputs” means the content, analyses, queries, and other results the AI Features generate in response to Prompts. Customer’s access to and use of the AI Features is subject to this Agreement and to any additional feature-specific documentation or usage limits RudderStack publishes. The AI Features are identified as such within the Services. Customer may enable or disable the AI Features for each of its workspaces at any time through the in-product settings; disabling the AI Features does not affect the remainder of the Services.
• Добавлено: (b) Context Layers. To improve the relevance, accuracy, and usefulness of the AI Features, RudderStack may generate and maintain context layers derived from Prompts, Outputs, Customer Data, Product Telemetry, and the structure and metadata of Customer’s data (including schema, field and object names, data models, and query patterns). “Workspace Context” means a context layer that RudderStack generates from the foregoing and makes available to Users within the same Account, organization, and/or workspace(s), so that those Users benefit from the accumulated context associated with their Account, organization, or workspace. “Platform Context” means a context layer that RudderStack generates and maintains across its customer base to improve the AI Features generally, consisting solely of de-identified and aggregated information, insights, and generalized use-case patterns (for example, the manner in which common business use cases are commonly articulated to the AI Features). RudderStack will not include in Platform Context, and Platform Context will not contain, (i) Customer Data, (ii) Customer’s Confidential Information, (iii) any Prompt or Output in a form that identifies Customer, any User, or any individual, or (iv) any information that identifies, or that RudderStack reasonably believes could be used to identify, Customer, any User, any individual, or any Customer end user. RudderStack will implement measures reasonably designed to prevent the reconstruction of Customer Data or Customer’s Confidential Information from Platform Context and to prevent any other customer from accessing the same. Workspace Context is maintained solely for Customer’s Account, is not made available to any other customer, and will be deleted in accordance with §6.3 and the DPA upon termination of this Agreement or upon Customer’s deletion of the applicable workspace.
• Добавлено: (c) License; Service Improvement. Customer hereby grants RudderStack a non-exclusive, worldwide, royalty-free, fully paid license to use, host, process, reproduce, and create derivative works of Customer Data, Prompts, Outputs, and Product Telemetry in order to: (i) provide, operate, and support the AI Features and generate Outputs for Customer; (ii) generate, maintain, and make available Workspace Context for the benefit of Customer and its Users; (iii) test, monitor, secure, maintain, and improve the quality, safety, and performance of the Services and the AI Features, including by evaluating Prompts and Outputs from which Customer end-user data has been redacted; and (iv) generate, maintain, and use Platform Context for the benefit of RudderStack’s customers generally. RudderStack will not use Customer Data, Prompts, or Outputs to train or fine-tune any machine-learning or large-language model, and will not permit any third party to do so, except that RudderStack may use Product Telemetry and Platform Context for such purposes. This §2.6 states an additional purpose for which RudderStack may use Customer Data, and supplements the license granted in §2.3. To the extent this §2.6 applies to personal data, it constitutes Customer’s documented instruction to RudderStack under the DPA.

• Добавлено: (d) Ownership. As between the parties, RudderStack owns all right, title, and interest in and to the Workspace Context, the Platform Context, Product Telemetry, System Data, and all models, algorithms, weights, and other technology developed or improved under this §2.6, all of which constitute RudderStack Materials and, with respect to Platform Context and System Data, System Data under §2.2. Outputs generated for Customer are, as between the parties, Customer Data owned by Customer under §2.3, subject to the licenses granted in §2.3 and this §2.6 and to the disclaimers in §2.6(f) and §8.3. Customer acknowledges that the AI Features generate Outputs using probabilistic models, that the same or similar Outputs may be generated for other customers, and that RudderStack retains all right, title, and interest in and to the AI Features and the underlying technology.
• Добавлено: (e) Personal Data; Data Privacy. To the extent Prompts, Outputs, Workspace Context, or Platform Context contain personal data subject to Data Privacy Laws, RudderStack’s processing is governed by the DPA, and RudderStack will de-identify and/or aggregate any personal data used to generate Platform Context to a standard consistent with the DPA’s requirements for anonymized or de-identified data. RudderStack will process Prompts and Outputs, including through any subprocessor, only within the geographic region (United States or European Union) of the AWS environment selected for Customer’s Account under the DPA. Customer acknowledges that the AI Features read, and may display to Customer’s Users, Customer Data within Customer’s workspace (including Configurations and the contents of Events) in order to respond to Prompts. Customer will not submit to the AI Features any of the categories of data restricted under §3.2(f), and Customer remains responsible under §3.3 for the legality, accuracy, and quality of the Customer Data and Prompts it submits. RudderStack’s use of subprocessors (including the cloud service provider that hosts the models used by the AI Features) in connection with the AI Features is governed by the DPA.
• Добавлено: (f) AI Outputs Provided “As Is”; No Reliance. The AI Features and all Outputs are provided “as is” and “as available.” Without limiting §8.3, RudderStack does not warrant that any Output is accurate, complete, current, non-infringing, or fit for any purpose, and Outputs may contain errors or fabricated content. Consistent with §3.3, Customer is solely responsible for reviewing, validating, and determining the suitability of any Output before relying on or acting upon it (including reviewing and testing any code, query, transformation, or configuration change the AI Features generate or suggest before deploying it), and RudderStack is not liable for any action taken or decision made in reliance on any Output. AI Features made available as Beta Services are additionally subject to §1.4.
• Добавлено: (g) Opt-Outs. Customer may opt out of (A) the use of its Prompts and Outputs for evaluation under subsection (c)(iii) and/or (B) the contribution of information derived from its use of the AI Features to Platform Context under subsection (c)(iv) by submitting a request through the in-product settings or to privacy@RudderStack.com. An opt-out applies prospectively only and does not require RudderStack to remove or disaggregate any de-identified or aggregated Platform Context already generated. An opt-out does not affect the AI Features, Workspace Context, or RudderStack’s rights under subsections (c)(i)–(ii).
• Добавлено: (h) Retention and Deletion of Prompts and Outputs. RudderStack retains Prompts and Outputs, including conversation transcripts and any redacted copies used for evaluation under subsection (c)(iii), for no longer than thirty (30) days after they are generated, except for Outputs that Customer elects to save within the Services and except as required by applicable law. Notwithstanding §6.3, RudderStack will delete Prompts and Outputs upon Customer’s request in accordance with the DPA and upon Customer’s deletion of the applicable workspace. RudderStack applies measures designed to redact Customer end-user data (including both field names and field values) from Prompts and Outputs before they are persisted beyond the User’s active session.

Изменено

• Изменено: Было The most recent prior version of these Terms of Service is available here. Стало Effective September 09, 2026. The most recent prior version of these Terms of Service is available here.
• Изменено: п. 1.5 Было 1.5 - Paused Subscription State Стало 1.5 – Paused Subscription State
• Изменено: п. 1.6 Было 1.6 - Configuration Preservation Стало 1.6 – Configuration Preservation
• Изменено: Было Customer shall own all right, title and interest in and to the Customer Data, including any data based on or derived from the Customer Data and provided to Customer as part of the Services, but does not include System Data, any dashboards for displaying results, report templates or any other technology or components of the Services created, developed, used or provided by RudderStack. Customer hereby grants RudderStack a non-exclusive, non-transferable, non-sublicensable, worldwide, royalty-free license to use, transfer and process the Customer Data for the sole purpose of RudderStack providing the Services and support to Customer under this Agreement. Стало Customer shall own all right, title and interest in and to the Customer Data, including any data based on or derived from the Customer Data and provided to Customer as part of the Services, but does not include System Data, any dashboards for displaying results, report templates or any other technology or components of the Services created, developed, used or provided by RudderStack. Customer hereby grants RudderStack a non-exclusive, non-transferable, non-sublicensable, worldwide, royalty-free license to use, transfer and process the Customer Data for the sole purpose of RudderStack providing the Services and support to Customer under this Agreement , and for the additional purposes set forth in §2 . 6 (AI Features; Context Layers; and Service Improvement).

• Изменено: п. 2.5 Было 2.5 - Product Telemtry Стало 2.5 – Product Telemetry
• Изменено: Было In addition to System Data, RudderStack may collect data generated by Customer's and its Users' use of the Services, including without limitation the volume and type of Events ingested, the destinations and integrations Customer configures, the Configurations established, the features and capabilities used, team size within the Account, and operational metadata such as login frequency and session duration ("Product Telemetry"). Product Telemetry is distinct from Customer Data; it does not include the contents of Events ingested through the Services, and RudderStack will not combine Product Telemetry with Customer Data. RudderStack collects, uses, and retains Product Telemetry in accordance with RudderStack's Privacy Policy for any legitimate business purpose, including without limitation product analytics, service improvement, security, customer retention, and sales and marketing. Nothing in this Section grants RudderStack rights in Customer Data beyond those expressly granted in §2.3. Стало In addition to System Data, RudderStack may collect data generated by Customer's and its Users' use of the Services, including without limitation the volume and type of Events ingested, the destinations and integrations Customer configures, the Configurations established, the features and capabilities used, team size within the Account, and operational metadata such as login frequency and session duration ("Product Telemetry"). Product Telemetry is distinct from Customer Data; it does not include the contents of Events ingested through the Services, and RudderStack will not combine Product Telemetry with Customer Data except as expressly permitted under §2 . 6 (AI Features; Context Layers; and Service Improvement). RudderStack collects, uses, and retains Product Telemetry in accordance with RudderStack's Privacy Policy for any legitimate business purpose, including without limitation product analytics, service improvement, security, customer retention, and sales and marketing. Nothing in this Section grants RudderStack rights in Customer Data beyond those expressly granted in §2.3 and §2 . 6.
• Изменено: п. 5.2 Было 5.2 – Payment Method; Failed Charges Стало 5.2 – Payment Method; Failed Charges .
• Изменено: Было (a) Trial Eligibility . The Trial is offered only to Customers that satisfy each of the eligibility criteria set forth in this §11.1. RudderStack determines eligibility in its sole discretion. Стало ** Trial Eligibility **. The Trial is offered only to Customers that satisfy each of the eligibility criteria set forth in this §11.1. RudderStack determines eligibility in its sole discretion.
• Изменено: Было (b) Business Email Required . The Trial User must register the Account using a business email address tied to a domain controlled by the Trial User or its organization. RudderStack does not provision Trials to Accounts registered with email addresses on consumer email providers (including, without limitation, gmail.com, yahoo.com, outlook.com, hotmail.com, live.com, msn.com, icloud.com, me.com, mac.com, proton.me, protonmail.com, and aol.com), domains identified on industry-standard disposable, temporary, or anonymizing email-provider lists, or domains otherwise reasonably determined by RudderStack to be ineligible. Стало ** Business Email Required **. The Trial User must register the Account using a business email address tied to a domain controlled by the Trial User or its organization. RudderStack does not provision Trials to Accounts registered with email addresses on consumer email providers (including, without limitation, gmail.com, yahoo.com, outlook.com, hotmail.com, live.com, msn.com, icloud.com, me.com, mac.com, proton.me, protonmail.com, and aol.com), domains identified on industry-standard disposable, temporary, or anonymizing email-provider lists, or domains otherwise reasonably determined by RudderStack to be ineligible.
• Изменено: Было (c) Re-Trial Bar . A given email domain (and any domain RudderStack reasonably determines to be controlled by the same organization, including affiliated domains and parent/subsidiary domains) is eligible for a Trial only once in any rolling twelve (12) month period. A Trial User whose Trial Period or Grace Period has expired, or whose Trial Account has been terminated, is not eligible to initiate a new Trial under this Agreement, on the same domain or on any other domain controlled by the same organization, until twelve (12) months after the expiration or termination of the prior Trial. RudderStack may, in its sole discretion, waive the re-trial bar in individual cases (for example, where a Trial User’s prior Trial was terminated through no fault of the Trial User, or where a customer-success representative has approved a new Trial in writing). Стало ** Re-Trial Bar **. A given email domain (and any domain RudderStack reasonably determines to be controlled by the same organization, including affiliated domains and parent/subsidiary domains) is eligible for a Trial only once in any rolling twelve (12) month period. A Trial User whose Trial Period or Grace Period has expired, or whose Trial Account has been terminated, is not eligible to initiate a new Trial under this Agreement, on the same domain or on any other domain controlled by the same organization, until twelve (12) months after the expiration or termination of the prior Trial. RudderStack may, in its sole discretion, waive the re-trial bar in individual cases (for example, where a Trial User’s prior Trial was terminated through no fault of the Trial User, or where a customer-success representative has approved a new Trial in writing).
• Изменено: Было (d) Ineligible Signups . Customers who do not satisfy the criteria in this §11.1 may not access the Trial, but are not otherwise restricted from purchasing Services. Стало ** Ineligible Signups **. Customers who do not satisfy the criteria in this §11.1 may not access the Trial, but are not otherwise restricted from purchasing Services.
• Изменено: Было (e) Sole Discretion; Anti-Circumvention . Eligibility under this §11.1 is determined by RudderStack in its sole discretion. Any attempt to circumvent the eligibility criteria — including by registering multiple Accounts using different email addresses on the same or related domains, by using disposable or relay email addresses, or by misrepresenting the Trial User’s identity or organization — constitutes a material breach of this Agreement and grounds for immediate termination under §11.10. Стало ** Sole Discretion; Anti-Circumvention **. Eligibility under this §11.1 is determined by RudderStack in its sole discretion. Any attempt to circumvent the eligibility criteria — including by registering multiple Accounts using different email addresses on the same or related domains, by using disposable or relay email addresses, or by misrepresenting the Trial User’s identity or organization — constitutes a material breach of this Agreement and grounds for immediate termination under §11.10.