Master Hosted Service Agreement
CRATE.IO INC.
MASTER HOSTED SERVICES AGREEMENT
IMPORTANT – CAREFULLY READ ALL THE TERMS AND CONDITIONS OF THIS MASTER HOSTED SERVICES AGREEMENT (THIS “AGREEMENT”). BY AGREEING TO AN ORDER FORM INCORPORATING THIS AGREEMENT, CLICKING “I ACCEPT”, OR PROCEEDING WITH THE USE OF THE SERVICES, YOU AS AN AUTHORIZED REPRESENTATIVE OF YOUR COMPANY ON WHOSE BEHALF YOU USE THE SERVICES (“CUSTOMER”) ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND ACCEPT THIS AGREEMENT WITH CRATE.IO INC. (“CRATE.IO”), AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE THE SERVICES. THE EFFECTIVE DATE OF THIS AGREEMENT SHALL BE THE DATE THAT CUSTOMER ACCEPTS THIS AGREEMENT OR THE DATE SET FORTH IN THE ORDER FORM, WHICHEVER IS EARLIER.
The terms and conditions of this Agreement shall govern the Service(s) to be provided by Crate.io under any Order Form submitted by Customer and accepted by Crate.io, as though the provisions of this Agreement were set forth in their entirety within such Order Form and so that each Order Form and this Agreement shall be considered one, fully integrated document and agreement.
1. Definitions; License Grant & Restrictions
1.1 Definitions
As used in this Agreement and in any Order Form(s) associated herewith:
"Content" means the information, documents, software, products and services contained in or made available via the Service(s), other than Customer Data;
"Customer Data" means any data, information or material that Customer or Customer’s Users, subscribers may submit to the Service(s) in the course of using the Service(s);
"Order Effective Date" means the date identified in an Order Form as the date on which such Order Form shall be effective;
"Initial Term" means the initial period commencing on the Order Effective Date as specified in the applicable Order Form.
"Renewal Term" means each subsequent one-year period beginning on successive Order Form Effective Date anniversaries;
"Intellectual Property Rights" means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world;
"Order Form(s)" means the form evidencing the initial subscription order for the Service(s) and any subsequent Order Form(s) (s) in written form, specifying, among other things, the Order Effective Date and/or other services contracted for, the applicable fees, the billing period, and other charges as agreed to between the parties, each such fully executed Order Form to be incorporated into and to become a part of this Agreement (if there is any any conflict between the terms of this Agreement and the terms of any such Order Form , the terms of this Agreement shall prevail);
"Crate.io Technology" means all of Crate.io's proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to Customer by Crate.io in providing the Service(s) and updates and upgrades thereto that are generally provided free of charge to paying Customers;
"Service(s)" means Crate.io's distributed SQL database services as described by Crate.io on https://crate.io/, developed, operated, and maintained by Crate.io or its third party hosting provider and accessible via a designated web site or IP address, including the Crate.io Technology and the Content;
"User(s)" means Customer’s employees, representatives, consultants, contractors or agents who are authorized to use the Service(s) and have been supplied user identifications and passwords by Customer (or by Crate.io at Customer’s request);
2. Limitations on Use
Except as otherwise expressly permitted hereunder, Customer shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service(s) or the Content in any way; (ii) modify or make derivative works based upon the Service(s) or the Content; (iii) create Internet "links" to the Service(s) or "frame" or "mirror" any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service(s) in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service(s), or (c) copy any ideas, features, functions or graphics of the Service(s). Notwithstanding the foregoing, Customer may copy, license, sell and distribute tangible copies of reports generated through Customer’s use of the Service(s) to third parties, on the condition that Customer disclaims all warranties and liabilities on behalf of Crate.io (as long as such reports do not identify Crate.io, then not necessarily by name, but by role such as licensor or supplier).
Additionally, Customer shall not use the Service(s) to: (i) store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (ii) store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iii) interfere with or disrupt the integrity or performance of the Service(s) or the data contained therein; or (iv) attempt to gain unauthorized access to the Service(s) or its related systems or networks.
3. Order Process
Each fully executed Order Form shall become incorporated herein by reference. If Customer’s business practices require a purchase order number be issued prior to payment of any Crate.io invoices issued pursuant to this Order Form, then such purchase order number must be recorded within the Order Form. Customer’s execution and return of an Order Form to Crate.io without designating a purchase order number shall be deemed an acknowledgement that no purchase order number is required for payment of invoices hereunder.
4. Customer’s Responsibilities and Mutual Indemnities
4.1 Customer Responsibilities
Customer is responsible for all activity occurring under Customer’s User accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with Customer’s use of the Service(s), including those related to data privacy, international communications and the transmission of technical or personal data. Customer shall: (i) notify Crate.io immediately of any unauthorized use of any password or account or any other known or suspected breach of security with respect to the Service(s); (ii) report to Crate.io immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by Customer or Customer’s Users; and (iii) not impersonate another Crate.io user or provide false identity information to gain access to or use the Service(s). Customer agrees that Customer will comply with all applicable laws and regulations in connection with Customer’s use of the Service(s), including but not limited to, all applicable privacy and export control laws and regulations.
4.2 Customer Indemnity
Customer shall indemnify and hold Crate.io, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) to the extent arising out of or in connection with: (i) a claim alleging that use of the Customer Data or Customer Materials infringes a copyright, patent, or a trademark of, or has caused harm to the rights of, a third party; (ii) a claim, which if true, would constitute a violation by Customer of Customer’s representations and warranties under this Agreement; or (iii) a claim arising from the breach by Customer or Customer’s Users of this Agreement; provided in any such case that Crate.io (a) promptly gives notice of the claim to Customer; (b) gives Customer sole control of the defense and settlement of the claim (provided that Customer may not settle such claim unless such settlement unconditionally releases Crate.io of all liability and does not adversely affect Crate.io's business or Service(s)); (c) provides to Customer all available information and reasonable assistance; and (d) has not compromised or settled such third-party claim.
4.3 Crate.io Indemnity
Crate.io shall indemnify and hold Customer, its subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) to the extent arising out of or in connection with a third party claim alleging that the Crate.io Technology infringes a copyright, patent, or a trademark of, or has caused harm to the rights of, a third party, provided in any such case that Customer (a) promptly gives notice of the claim to Crate.io; (b) gives Crate.io sole control of the defense and settlement of the claim (provided that Crate.io may not settle such claim unless such settlement unconditionally releases Customer of all liability and does not adversely affect Customer's business); (c) provides to Crate.io all available information and reasonable assistance; and (d) has not compromised or settled such third-party claim. If the Crate.io Technology becomes, or in Crate.io’s opinion is likely to become, the subject of an infringement claim, Crate.io may, at its option and expense, either (a) procure for Customer the right to continue using the Crate.io Technology, (b) replace or modify the Crate.io Technology so that it becomes non-infringing, or (c) accept termination of the licenses granted hereunder and give Customer a refund for the fees paid by Customer less a reasonable allowance for the period of time Customer has used the Crate.io Technology. Notwithstanding the foregoing, Crate.io will have no obligation under this Section 4.3 or otherwise with respect to any infringement claim based upon (i) any use of the Crate.io Technology not in accordance with this Agreement or for purposes not intended by Crate.io, (ii) any use of the Crate.io Technology in combination with other products, equipment, software, or data not supplied by Crate.io, (iii) any use of any release of the Crate.io Technology other than the most current release made available to Customer, or (iv) any modification of the Crate.io Technology by any person other than Crate.io or its authorized agents or subcontractors. THIS SECTION 4.3 STATES CRATE.IO’S ENTIRE LIABILITY AND CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR INFRINGEMENT CLAIMS AND ACTIONS.
5. Account Information and Data and Confidentiality
5.1 Customer Data
Crate.io does not own any Customer Data. Customer, not Crate.io, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use all Customer Data, and Crate.io shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. Customer hereby grants Crate.io a perpetual, non-exclusive, royalty-free license to use the Customer Data: (a) as necessary to provide the Service(s) to Customer under this Agreement; (b) for statistical, analytical and other aggregate non-personally identifiable use alone and/or together with other data; and (c) as necessary to monitor and improve the Service(s). Without limiting the foregoing, Crate.io may provide statistical information related to the usage of the Service(s), such as usage or traffic patterns or results obtained through the Service(s), in aggregate form to third parties, but such information will not include identifiable information of Customer or personally identifying information of Customer’s employees or authorized contractors. Customer is responsible for uploading the Customer Data to the Service(s) or otherwise providing Crate.io with access to the Customer Data to enable Crate.io to provide the Service(s).
5.2 Confidential Information
“Confidential Information” means any non public information that relates to the actual or anticipated business, research, or development of Customer or Crate.io and any proprietary information, trade secrets, and know how of Customer or Crate.io that are disclosed to either party or its agents, directly or indirectly, in writing, orally, or by inspection or observation of tangible items. Confidential Information includes information that is defined as “Confidential Information” under any Order Form between the parties. Confidential Information also includes the confidential information of third parties that has been provided to Customer or Crate.io. Each party’s Confidential Information is the sole property of that party.
5.3 Exceptions
Confidential Information does not include any information that either party can demonstrate: (a) was publicly known and made generally available in the public domain before the other party disclosed the information, (b) became publicly known and made generally available, after disclosure by either party, through no wrongful action or inaction of either party or others who were under confidentiality obligations, (c) was in either party’s possession, without confidentiality restrictions, at the time of disclosure by either party, as shown by that party’s files and records, or (d) was independently developed without use of or reference to the Confidential Information.
5.4 Nondisclosure and Nonuse
Each party will not, during and after the term of this Agreement, disclose the Confidential Information to any third party or use the Confidential Information for any purpose other than the performance of the professional services. Each party will take all reasonable precautions to prevent any unauthorized disclosure of the Confidential Information including, but not limited to, requiring each employee and independent contractor with access to Confidential Information to execute a nondisclosure agreement containing terms that are substantially similar to the terms contained in this Agreement. Neither party will, during and after the term of this Agreement, reverse engineer the Confidential Information. 5.5 Existing Obligations. The obligations in this Section 5 are in addition to, and supplement, each party’s obligations of confidentiality and nondisclosure under the terms of any confidentiality or nondisclosure agreement between the parties (referred to herein, collectively, as the “NDA”).
6. Professional Service(s)
If professional services are included in any Order Form, any developments or deliverables (excluding Customer Data) will be licensed to Customer on the same terms as set forth in this Agreement, unless otherwise provided in the applicable Order Form. Customer acknowledges and agrees that Customer may be required to pay additional fees to ensure compatibility between the developments or deliverables and updates or upgrades to the Service(s).
7. Intellectual Property Ownership
Crate.io alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the Crate.io Technology, the Content and the Service(s) and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by Customer or any other party relating to the Service(s). This Agreement is not a sale and does not convey to Customer any rights of ownership in or related to the Service(s), the Crate.io Technology or the Intellectual Property Rights owned by Crate.io. The Crate.io name, the Crate.io logo, and the product names associated with the Service(s) are trademarks of Crate.io or third parties, and no right or license is granted to use them.
8. Charges and Payment of Fees
Customer shall pay all fees or charges as specified on each executed Order Form. Each Order Form will specify if Customer or Crate.io is responsible for securing and paying the applicable third party hosting provider hardware and other fees. All payment obligations are non-cancelable and all amounts paid are nonrefundable. Crate.io reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least thirty (30) days prior notice to Customer, effective upon the next Renewal Term in accordance with Section 9, below. If Customer does not cancel as described in 9 below, such changes shall become effective at the commencement of the renewal term. Neither party will disclose any pricing terms or other terms of this Agreement to anyone other than its attorneys, accountants, and other professional advisors under a duty of confidentiality except (a) as required by law, or (b) pursuant to a mutually agreeable press release. Customer will pay all invoices net thirty (30) days from the invoice data or as otherwise described in the Order Form . Crate.io's fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and Customer shall be responsible for payment of all such taxes, levies, or duties, excluding only taxes based solely on Crate.io's income. Customer will be billed, and payments will be made, in U.S. dollars. If Customer believes Customer’s bill is incorrect, Customer must contact Crate.io in writing within thirty (30) days of the date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.
Customer agrees to provide Crate.io with accurate billing and contact information, including Customer’s legal company name, street address, e-mail address, and name and telephone number of an authorized billing contact. Customer agrees to update this information within thirty (30) days of any change to it. If the contact information Customer has provided is false or fraudulent, Crate.io reserves the right to terminate Customer’s access to the Service(s) in addition to any other legal remedies.
9. Term, Renewal and Termination
9.1 Term and Renewal
The initial Term of this Agreement shall begin on the Effective Date and continue until terminated as set forth hereunder. Service(s) shall commence on the Order Effective Date and continue for the Initial Term as set forth in each Order Form. The Initial Term of each Order Form will automatically renew for Renewal Terms unless a party notifies the other party in writing of its intent not to renew at least thirty (30) days in advance of the end of the Initial Term or subsequent Renewal Terms. If an Order Form contains services, Users, additional Customer Data or other metrics added to an existing subscription, such added Service(s) shall be coterminous with the Initial Term or Renewal Term and shall be billed from the Order Form effective date. Either party may terminate this Agreement on written notice to the other party if there is no Order Form in effect.
9.2 Termination for Cause
Either party may terminate this Agreement (and any Order Form(s) (s) then in effect) if the other party breaches any material term of this Agreement which, in the case of Customer, will include any breach of Customer’s payment obligations or unauthorized use by Customer of the Crate.io Technology or Service(s), if the other party fails to cure such breach within ten (10) business days after notice of such breach.
9.3 Survival
Termination or expiration of this Agreement shall not relieve either party of obligations that by their nature or term survive termination or expiration; such as, by way of example and without limitation, the obligation to make all payments that have or will become due under this Agreement, Sections 1.1 (Definitions), 2 (Limitations on Use), 4 (Customer’s Responsibilities and Mutual Indemnities), 5 (Account Information and Data and Confidentiality), 7 (Intellectual Property Ownership), 9.3 (Survival), 9.4 (Effect of Termination), 12 (Disclaimer of Warranties), 13 (Limitation of Liability), 17 (General).
9.4 Effect of Termination
Upon termination or expiration of this Agreement: each of the parties shall deliver or destroy all Confidential Information of the other party which is in its possession, care or control and Customer will no longer have access to the Service(s). Customer agrees and acknowledges that Crate.io is not obligated to retain Customer Data for longer than thirty (30) days after termination and if Customer requests within such thirty (30) day period, subject to Customer’s payment of the applicable fees, Crate.io will provide Customer with the Customer Data. Thereafter, Crate.io has no obligation to retain Customer Data, and may delete Customer Data from the Crate.io Service(s).
10. Non-Payment and Suspension
In addition to any other rights granted to Crate.io herein, Crate.io reserves the right to suspend or terminate this Agreement and Customer’s access to the Service(s) if Customer’s account becomes delinquent and is uncured for a period of thirty (30) days. Delinquent invoices are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, from the date due, plus all expenses involved in the debt’s collection. Customer will continue to be charged for License fees during any period of Service(s) suspension. If Crate.io initiates termination of this Agreement for cause, as further described in Section 9, Customer will be obligated to pay the balance due on any Order Form(s) (s) then in effect, provided, however, that any such Order Form shall expire at the end of the Initial Term or then-current Renewal Term.
11. Representations & Warranties
Each party represents and warrants that it has the legal power and authority to enter into this Agreement. Crate.io further represents and warrants that the Service(s) will perform substantially in accordance with the online Crate.io help documentation under normal use and circumstances for the first ninety (90) days of an Order Form. In the event of a breach of this warranty, Customer’s sole remedy and Crate.io’s sole obligation will be for Crate.io to make reasonable commercial efforts to correct the non-conformity or, if Crate.io is unable to correct the non-conformity within ninety (90) days after Customer’s written notice, for Customer to terminate the applicable Order Form. Customer further represents and warrants that Customer has not falsely identified itself nor provided any false information to gain access to the Service(s) and that Customer’s billing information is correct. Crate.io will provide the Service(s) as set forth in the SLA attached hereto as Exhibit A (“Support Services and SLA”).
12. Disclaimer of Warranties
EXCEPT AS PROVIDED IN SECTION 11, CRATE.IO AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. CRATE.IO AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET REQUIREMENTS OR EXPECTATIONS, OR (C) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND ALL CONTENT IS PROVIDED TO CUSTOMER STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY CRATE.IO AND ITS LICENSORS. CUSTOMER IS RESPONSIBLE FOR BACKING UP ITS OWN CUSTOMER DATA. CRATE.IO'S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. CRATE.IO IS NOT RESPONSIBLE FOR DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
13. Limitation of Liability
EXCEPT FOR EACH PARTY’S INDEMNITY OBLIGATIONS, IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CRATE.IO’S AGGREGATE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM CUSTOMER IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
14. Marketing
Customer grants Crate.io the right to use Customer’s name, mark and logo on Crate.io’s website, in Crate.io marketing materials, and to identify Customer as a Crate.io Customer.
15. Notice
All notices required to be provided under this Agreement must be delivered in writing by nationally recognized overnight delivery service, by electronic facsimile (fax), by electronic mail as described below, or by US mail to the other party. All notices shall be deemed to have been given upon receipt or, if earlier, two (2) business days after being deposited in the mail as required above. Either party may change its address by giving timely notice of the new address to the other party pursuant to this Section and identifying in such notice the date on which such change is effective.
16. Assignment
Neither party may assign this Agreement to any third party except upon prior written consent of the other party, such consent not to be unreasonably withheld, except either party may freely assign to (i) a parent or subsidiary of such party, (ii) an acquirer of all or substantially all of the assets of such party, or (iii) in connection with a reorganization or merger. Any purported assignment in violation of this section shall be void. Subject to the foregoing, this Agreement and each and all of the provisions hereof bind and benefit the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns.
17. General
Any use, duplication, or disclosure of the Services by the U.S government is subject to restrictions as set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. This Agreement shall be governed by California law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. Except as set forth below in this Section 17, the federal and state courts seated in San Francisco and Santa Clara Counties, California, will have sole and exclusive jurisdiction for all purposes in connection with any action or proceeding that arises from, or relates to, this Agreement, and each party hereby irrevocably waives any objection to such exclusive jurisdiction. Notwithstanding anything in this Agreement to the contrary, Crate.io may seek injunctive or other equitable relief in any court of competent jurisdiction to protect any actual or threatened misappropriation or infringement of its intellectual property rights or those of its licensors, and Customer hereby submits to the exclusive jurisdiction of such courts and waives any objection thereto on the basis of improper venue, inconvenience of the forum or any other grounds. Neither party will be responsible for any failure or delay in its performance under this Agreement due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, shortages of or inability to obtain labor, energy, raw materials or supplies, war, terrorism, riot, acts of God or governmental action. Customer agrees to comply fully with all relevant export laws and regulations of the United States (“Export Laws”) to ensure that neither the Service(s), nor any direct product thereof are: (a) exported or re-exported directly or indirectly in violation of Export Laws; or (b) used for any purposes prohibited by the Export Laws, including but not limited to nuclear, chemical, or biological weapons proliferation. No joint venture, partnership, employment, or agency relationship exists between Customer and Crate.io as a result of this Agreement or use of the Service(s). The failure of either party to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. This Agreement, together with any applicable Order Form , comprises the entire agreement between Customer and Crate.io regarding the subject matter contained herein and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding such subject matter.
Exhibit A
SUPPORT SERVICES AND SLA
You can find all information regarding our Service Level Agreements here.
Changes to Support Terms
Crate.io reserves the right to change, alter, replace, or otherwise modify these Support Services and SLA terms at any time.