September 15, 2021 – Consumer Terms of Service

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ARCHIVE Snowflake Data Marketplace Consumer Terms of Service - 2021-09-15

This is an archived version of our Snowflake Data Marketplace Consumer Terms of Service dated September 15, 2021. View the current version here.

1. Important Terms.

1.1. THESE CONSUMER TERMS OF SERVICE GOVERN CONSUMER’S USE OF THE MARKETPLACE.

1.2. THE MARKETPLACE IS NOT PART OF THE SNOWFLAKE SERVICE. USE OF THE MARKETPLACE IS DEPENDENT ON CERTAIN FEATURES OF THE SNOWFLAKE SERVICE (E.G., DATA SHARING AND REPLICATION), AND UTILIZING SUCH FEATURES IN CONNECTION WITH THE MARKETPLACE WILL SUBJECT CONSUMER TO CHARGES FOR THOSE FEATURES AS GOVERNED BY CONSUMER’S CUSTOMER AGREEMENT.

1.3. CONSUMER’S ORG ADMIN IS REQUIRED TO ACCEPT THESE TERMS AND REPRESENTS THAT THEY HAVE THE AUTHORITY TO DO SO ON BEHALF OF CONSUMER.

1.4. BY INDICATING ACCEPTANCE OF THESE TERMS OR TRANSACTING ON THE MARKETPLACE, CONSUMER IS ACCEPTING ALL THE TERMS AND CONDITIONS OF THESE TERMS.

1.5. THESE TERMS ARE ENFORCEABLE LIKE ANY WRITTEN AGREEMENT SIGNED BY CONSUMER.

2. Definitions. The definitions in Section 18 apply to these Consumer Terms of Service. All terms in quotation marks in the body of these Consumer Terms of Service are also defined terms.

3. Introduction and Application. Snowflake makes available the Marketplace to allow Marketplace Consumers to discover and use Products made available by Marketplace Providers. Marketplace Consumers can enter into Transactions with Marketplace Providers and otherwise interact with the Marketplace. Unless stated otherwise in these Consumer Terms of Service, Snowflake is not acting as an agent in any capacity for Marketplace Consumers or Marketplace Providers.

4. Discovering and Using Products.

4.1.** General.** The Marketplace provides Consumer with access to Marketplace Provider Materials, including Products in accordance with applicable Listing Information.

**4.2. **Use of Products. For each Product, Consumer’s rights to use such Product are subject to the Listing Information provided by the applicable Marketplace Provider. Marketplace Provider includes in its Listing Information the applicable costs, use restrictions, license grant, and other terms covering Consumer’s use of the Product. Other than when Snowflake is providing its own Products through the Marketplace, Snowflake is not responsible for, and has no ability to grant Consumer any use rights associated with, any Product. Snowflake is under no obligation to review, accept or deny, monitor, or otherwise control or determine the contents of the Listing Information.

**4.3. **Marketplace Transactions. The Marketplace may be used to find Products and enter into Transactions. All Transactions conducted via the Marketplace are between Consumer and Marketplace Provider. Snowflake does not guarantee that all attempts to enter into a Transaction will be accepted or approved by any applicable Marketplace Provider. Other than where Snowflake is providing its own Products through the Marketplace, Snowflake is not a party to such Transaction or responsible for delivery of any Product.

**4.4. **Support. Unless otherwise provided by these Terms, Marketplace Provider will be solely responsible for addressing any inquiries or requests regarding any Transaction, Listing Information, or Product, including any inquiries or requests related to quality, content, errors, refunds, or any other matters.

5. Removal of Marketplace Provider Materials. Consumer agrees and acknowledges that: (i) Snowflake may delist any Product from the Marketplace at any time for any reason or no reason without liability; and (ii) Marketplace Providers may delist any Products from the Marketplace subject to the Marketplace Policies and any existing obligations between Consumer and Marketplace Provider (including, without limitation, the Marketplace Provider Materials); provided that any Product removal will not affect any pending or ongoing Transactions, except when required by law or due to Consumer or Marketplace Provider’s breach of Snowflake terms and policies.