GoodData Legal Center

GoodData Cloud Terms of Service

LAST UPDATED: April 27, 2022

BY USING THE SERVICES OR CLICKING THAT YOU AGREE OR ACCEPT THIS AGREEMENT, THE ENTITY IDENTIFIED DURING THE REGISTRATION PROCESS FOR THE SERVICES ("COMPANY") AGREES TO BE BOUND BY THE TERMS OF THIS GOODDATA CLOUD TERMS OF SERVICE (THIS “AGREEMENT“) AND ALL OTHER SUPPLEMENTAL TERMS ATTACHED HERETO OR REFERENCED HEREIN. IF YOU DO NOT HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT, OR IF THE COMPANY DOES NOT AGREE WITH THESE TERMS AND CONDITIONS, NEITHER YOU NOR THE COMPANY MAY USE THE SERVICES, AS DEFINED BELOW.

1. Definitions.

All capitalized terms not otherwise defined herein will have the meaning set forth below.

(a) “Affiliates” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity; for purposes of this definition, “control” means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.

(b) “Ancillary Services” means implementation, training or other consulting services performed by GoodData, as may be requested from time to time and as described in a statement of work (“SOW”).

(c) "Applicable Data Protection Law" means all applicable international, federal, national and state privacy and data protection laws that apply to the processing of Personal Data that is the subject matter of the Agreement (including, where applicable, European Data Protection Law and the CCPA).

(d) “CCPA” means the California Consumer Privacy Act of 2018, Cal. Civil Code § 1798.100 et seq.

(e) “Customer” means anyone who accesses or uses the Data Service (i) with whom Company has a legal agreement directly (including any of a customer’s affiliates covered by such agreement) ("Direct Customer"), or (ii) who is a customer of a such a customer, with a legal agreement between them to that effect, in sequence and in perpetuity (i.e., Company’s customer through multiple tiers) (“Indirect Customer”). References to “Company’s Customers” or “Customers” will include Direct Customers and Indirect Customers collectively.

(f) “Customer Data” means any and all data and information that is entered or loaded into the hosted version of the Services by or for Company or a Customer. Customer Data excludes Usage Data.

(g) “Data Service” means Company’s product or service offering integrating or embedding the Services, which at all times represents a significant functional and value enhancement to the Services such that the primary reason for a user to use the Data Service is other than the right to receive a license or access to the functionality of the Services available via the Data Service. “Data Service” includes all modifications and derivative works thereof, however made, including a Customer’s product or service which integrates with or embeds the Company’s Data Service.

(h) “Deliverables” means the guides, configurations, code (including SQL queries) or other deliverables that GoodData provides to Company in connection with Ancillary Services. For clarity, GoodData may use compilers, assemblers, interpreters and similar tools to develop Deliverables. The term “Deliverables” does not include such tools.

(i) “Documentation” means the online product documentation, user instructions and help files made available to Company by GoodData, as may be updated from time to time by GoodData without notice to Company.

(j) “European Data Protection Law” means the EU General Data Protection Regulation 2016/679 ("GDPR") and any applicable national laws made under the GDPR.

(k) “GoodData” means the entity specified in the relevant Order.

(l) “GoodData Technology” means the Services, Development Tools, Previews, Deliverables, Usage Data, Documentation, and all derivatives thereof.

(m) “License Key” means a serial number that enables Company to activate and use on-premise versions of the Services.

(n) “Order(s)” means the mutually executed document that describes the Services and/or Ancillary Services that Company licenses or purchases from GoodData in accordance with the terms and conditions of this Agreement.

(o) “Personal Data” means Customer Data that is “personal data,” “personal information,” “personally identifiable information,” or an equivalent term, as defined by Applicable Data Protection Law.

(p) “Product Specific Terms” means product entitlements descriptions and related terms attached hereto as an Exhibit A.

(q) “Security Breach” means a breach of security relating to Personal Data where there is an unlawful or unauthorized use or acquisition of Personal Data due to GoodData’s failure to comply with the GoodData Security Program for systems entirely controlled by GoodData. The term Security Breach excludes: (a) unsuccessful attempts to penetrate computer networks or servers maintained by or for GoodData; (b) immaterial incidents that occur on a routine basis, such as general “pinging” or “denial of service” attacks; and (c) GoodData’s good-faith receipt of Highly Sensitive Personal Data or Sensitive Personal Data in violation of Section 4(c) (Restrictions on Personal Data Uploads).

(r) “Services” means the GoodData Cloud offering provided to Company by GoodData and specified in an Order. GoodData Cloud is made available as a hosted offering, which may be integrated with a Data Service and as on-premise software, which may be embedded within a Data Service.

(s) “Third Party Applications” means separate services or applications (and other consulting services related thereto), procured by Company from a party other than GoodData that can be used in connection with the Services.

(t) “Usage Data” means anonymized, de-identified or aggregated information collected or generated by or on behalf of GoodData for purposes of providing, measuring or improving GoodData's products and services, including development of analytics, benchmarking performance, or preparing statistics or system metrics. For the avoidance of doubt, "Usage Data" will not include any personally identifiable information of Company or any Customer.

(u) “User(s)” means an employee, consultant, contractor, or agent who is authorized to access and use the Services by Company, a Direct Customer or an Indirect Customer, and who is bound by applicable terms and conditions meeting the requirements set forth in this Agreement. References to “Company’s Users” or “Users” will include all users collectively, including users authorized by Company, Direct Customers, and Indirect Customers.

2. Access and Licenses.

(a) Services Access. During the Term, GoodData will grant Company access right and license to the Services so that Company may: (i) use the Services internally for Company’s business operations (Company may exercise this right via Company’s Users); (ii) create a Data Service; (iii) make the Data Service available to, or distribute the Data Service to, Company’s Direct Customers and Company’s Users; (iv) allow Direct Customers and Indirect Customers to make the Data Service available to, or distribute the Data Service, to their respective Users and other Indirect Customers; and (v) use and reproduce the Documentation to assist Company in Company’s use of the Services. GoodData reserves the right, in its sole discretion, to make necessary unscheduled changes, updates or enhancements to the Services at any time, including adding or removing functionality and/or features.

(b) Restrictions. Except as expressly permitted in this Agreement, an Order, or a SOW, Company will not (and Company will not permit any third party to): (i) sell, lease, assign, license, sublicense, distribute, make available or otherwise transfer in whole or in part the GoodData Technology, or any component thereof to any third party; (ii) modify or prepare any derivative work based upon the GoodData Technology or any component thereof; (iii) reverse engineer, disassemble, or decompile the GoodData Technology or any component thereof, or attempt to discover or disclose the source code of the GoodData Technology or any component thereof unless it is provided to Company in source code form; (iv) distribute an on-premise Data Service in a form other than object code or executable; (v) encumber, time-share, rent, or lease the rights granted under this Agreement; (vi) remove, obscure, or alter any notice of intellectual property rights present on or in the GoodData Technology or any component thereof; (vii) make any representations or warranties regarding the GoodData Technology that are false or misleading or which exceed those contained in this Agreement, the Documentation, or any marketing materials made available to Company; (viii) use the GoodData Technology in a manner that is in violation of any third party rights of privacy or intellectual property rights; (ix) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (x) send or store material containing malware or any other harmful computer code, files, scripts, agents or programs; (xi) permit the concurrent use of a single License Key for more than one deployment; (xii) attempt to circumvent, modify, or disable the authentication required to use the Services, any technical restrictions in the Services, or any other security measures of the Services; or (xiii) publish or otherwise distribute the results of any benchmarking studies related to the Services to third parties unless Company provides a copy of its study to support@gooddata.com prior to distribution. If Company wishes to exercise any rights to reverse engineer to ensure interoperability in accordance with applicable law, Company must first provide GoodData with written notice and all reasonably requested information to support@gooddata.com, permit GoodData to assess Company’s claim within 30 days and, at GoodData’s sole discretion, to make an offer to provide alternatives that reduce any adverse impact on GoodData’s intellectual property or other rights.

(c) Providing Data Services to Customers and Users. Company will be liable for any acts or omissions by Customers or any Users that would constitute a material breach of this Agreement if committed by Company. Without limitation of any of the foregoing, Company will provide the Services to Direct Customers (if any) subject to the same terms and conditions that Company provides for the Data Service. With respect to the Data Service, Company’s agreements with its Users and Direct Customers, and Direct Customers’ agreements with Indirect Customers must: (i) be no less protective of GoodData’s rights and ownership than this Agreement; (ii) not grant greater use or access rights to the Services than those rights, licenses and permissions described in this Agreement or an applicable Order; (iii) contain a statement that GoodData and its licensors (or Company’s licensors generally) do not grant any warranty and will not have any direct or indirect liability to any Customers or Users; (iv) include the restrictions in Section 2(b) above; and (v) require Customers to flow requirements (i)-(v) down to their own Customers (i.e. Indirect Customers). Company will use best efforts to enforce all the limitations, restrictions and protections in this Section 2(c) with respect to all Customers and Users.

(d) Technical Support Services. Company is entitled to receive technical support services for the Services in accordance with the applicable GoodData support policy available at https://www.gooddata.com/support-policy-gooddata-cloud-slc/ for the hosted version of the Services and https://www.gooddata.com/support-policy-gooddata-cn/ for the on-premise version of the Services (the "Support Services").

(e) Ancillary Services. GoodData or its subcontractors may provide Company with Ancillary Services as set forth in SOWs and/or Orders. Each SOW and Order, as applicable, will: (i) be executed by the parties; (ii) include a description of the scope of Ancillary Services and any work product or other Deliverables to be provided to Company; and (iii) incorporate the terms and conditions of this Agreement. GoodData hereby grants Company and Company’s Users a non-exclusive, royalty-free, non-transferable (except as set forth in Section 12(f) (Assignment)), non-sublicensable worldwide license to use the Deliverables internally solely in connection with Company’s use of the Services during the Term.

(f) Development Tools. GoodData may, in its sole discretion, make available to Company for Company’s convenience certain software tools, software development kits (SDKs), and similar software for download (“Development Tools”). Such Development Tools are not necessary for the proper functioning of the Services, will not be deemed Services, and may be licensed to Company under separate terms and conditions. In the absence of a separate license agreement for such Development Tools, during the Term, GoodData hereby grants Company and its Users a non-exclusive, royalty-free, non-transferable (except as set forth in Section 12(f) (Assignment)), non-sublicensable worldwide license to: (i) modify and create derivative works of Development Tools provided by GoodData in source code format; and (ii) reproduce and use the Development Tools (including modifications thereof made by Company per Section 2(f)(i)) for Company’s internal business operations solely in connection with Company’s use of the Services.

(g) Previews. GoodData may make available to Company certain products, features, services, software, regions or cloud providers that are not yet generally available and which are labeled as "early access," "private preview," "public preview," "pre-release," "beta" or similar (collectively, “Previews”). Previews are not Services and Company rights with respect to Services will not apply to Previews. Previews may be provided to Company under separate terms and conditions. In the event of any conflict between this Agreement and the Preview terms, the Preview terms will govern and control solely with respect to the Previews. In the absence of a separate agreement for a Preview, if GoodData provides Company with access to a Preview, then GoodData hereby grants Company and its Users a worldwide, non-exclusive, non-sublicensable, and non-transferable (except as set forth in Section 12(f) (Assignment)) right and license to: (i) access and use the Preview (if any) that is provided by GoodData as software-as-a-service, solely to internally evaluate the Preview in a non-production environment with non-confidential, non-production data; and (ii) install and execute a Preview made available to Company as downloadable software, solely on machines operated by or for Company for internal evaluation. Previews, including their features and functionality: (A) are not an official product and have not been commercially released; (B) may not be in final form or be fully functional; (C) may contain errors, design flaws or other problems; (D) may generate or produce inaccurate information or unexpected or incorrect results; (E) may cause loss of data or communications, project delays or other unpredictable damage or loss; (F) may never be released as a commercial version; and (G) may be discontinued by GoodData in whole or in part, at any time and without any obligation or liability to Company or its Users. The right and license to Previews will expire at a date specified to Company by GoodData, or if no date is specified, then the earlier of 30 days following the date of general release of a Preview, or 180 days from the date the Preview was provided to Company. This Section 2(g) will apply to Previews notwithstanding any contrary provision in this Agreement.

(h) Open Source Software. Open source software (“OSS”) components provided with the GoodData Technology are licensed to Company under the terms of the applicable license agreements included with such open source software components. OSS licenses can be found in the open source attribution files accompanying or linked to from the GoodData Technology, the Documentation, or as applicable, corresponding source files (“Source Code”). All OSS license terms are consistent with the licenses granted in this Agreement and may contain additional rights benefiting Company. The OSS license terms will take precedence over this Agreement to the extent that this Agreement imposes greater restrictions on Company than the applicable OSS license terms. To the extent the license for any OSS requires GoodData to make available to Company the Source Code (and/or any modifications), Company may obtain a copy of the applicable Source Code by sending a written request, with Company’s name and address to: GoodData Corporation, 1 Post St, Ste. 400, San Francisco, CA, 94104, United States of America or legal@goodddata.com. All requests should clearly specify: Source Code Request, Attention: General Counsel. This offer to obtain a copy of the Source Code is valid for three years from the date Company acquired the applicable GoodData Technology.

(i) Trademark License. Each party hereby grants to the other, a non-exclusive, non-transferable (except as set forth in 12(f) (Assignment)), worldwide license, without the right to sublicense, to use, during the Term of this Agreement, their respective trademarks, service marks and logos (collectively referred to as “Marks”) on their respective web sites or marketing materials in connection with (i) GoodData identifying Company as a customer or Company identifying itself as a customer of GoodData; and (ii) in mutually agreed-upon collateral sales materials. Each party will only use and display the other party’s Marks and copyrighted information in accordance with the applicable guidelines provided by the other party. Each party will ensure that proper trademark and copyright notices are displayed at all times. All of the benefit and goodwill associated with a party’s use of the other party’s Marks will inure entirely to the Mark owner.

(j) Customer Data. Subject to the terms of this Agreement, Company hereby grants to GoodData, its contractors, and its Affiliates a non-exclusive, worldwide, royalty-free right to collect, store, process and disclose the Customer Data solely to the extent necessary for Company to provide the Services, Ancillary Services, Support Services or as may be required by law.

(k) Conditional License. The licenses and rights granted to Company in this Section 2 are subject to and conditioned upon Company’s compliance with this Agreement, any applicable Documentation, the Product Specific Terms, the DPA, and any applicable Order or SOW.

3. Intellectual Property Rights.

(a) GoodData’s Ownership. Except for the rights granted in Section 2 (Access and Licenses), GoodData and its licensors own and reserve all right, title, and interest in and to the GoodData Technology and all intellectual property rights therein.

(b) Company Ownership. Except for the rights granted in Section 2 (Access and Licenses), Company owns and reserves all right, title, and interest in and to the Data Service (excluding any GoodData Technology) and the Customer Data, and any intellectual property rights therein, respectively.

(c) Reservation. GoodData expressly reserves the right to market and provide the GoodData Technology itself or through other resellers, distributors, licensees or agents, and Company will not be entitled to any commission or compensation whatsoever in relation to the marketing or provision of the GoodData Technology by GoodData or its resellers, distributors or agents.

(d) Feedback. From time to time, GoodData may request that Company and Company’s Customer's may provide GoodData with verbal and/or written suggestions, comments or other feedback related to GoodData’s existing or prospective GoodData Technology or Ancillary Services, including, without limitation, design input, and troubleshooting or other assistance provided in response to support requests (collectively, “Feedback”). Company and Company’s Customers are not obligated to provide GoodData with Feedback. To the extent Company or Company’s Users provide Feedback to GoodData, Company hereby grants to GoodData a perpetual, irrevocable, royalty-free, fully paid, sub-licensable, transferable (notwithstanding Section 12(f) (Assignment)), non-exclusive, worldwide right and license to exploit the Feedback in any manner without restriction (whether of confidentiality, compensation or otherwise). All Feedback is provided “AS IS” and Company makes no warranties whatsoever about any Feedback.

(e) Usage Data. GoodData may collect and use Usage Data to develop, improve, support, and operate its products and services. GoodData may not share any Usage Data that includes Customer Data with a third party except (i) to provide Company with the Services in accordance with this Agreement, (ii) to enforce the rights and obligations in this Agreement; or (iii) to the extent the Usage Data is aggregated and anonymized such that Company and Company’s Customers cannot be identified. On-premise versions of the Services may allow Company to disable transmission of certain Usage Data, but Company may not disable transmissions required for License Key authentication or GoodData’s enforcement of the license restrictions set forth in this Agreement or an applicable Order.

4. Company’s Obligations; Restrictions.

(a) Credentials. Company is responsible for all activities conducted under all login credentials assigned to or created by Company and Company’s Users, including the failure to adequately safeguard login credentials or as a result of any sharing of login credentials. Company will ensure that it and its Customers will safeguard and protect the GoodData Technology and account passwords with the same level of care used to protect Company’s or Company’s Customer’s own highly proprietary information, but not less than a commercially reasonable level of care for highly proprietary information. Company will not (i) permit the concurrent use of a single login credential or time-sharing of the GoodData Technology; (ii) attempt to circumvent the authentication required to access the GoodData Technology or other security measures of the GoodData Technology, or (iii) authorize or permit any person or entity to do any of the foregoing.

(b) Compliance. Company will ensure that GoodData has the right to access and use Company’s and Customers’ account information and any Customer Data for the purposes of delivering the Services, Ancillary Services, and Support Services. Company and all Users will comply with all applicable laws, including Applicable Data Protection Laws. Company is solely responsible for the accuracy, content and legality of all Customer Data.

(c) Restrictions on Personal Data Processing. Company and Company’s Customers will not process through the Services, and GoodData will not have any liability to Company or Company’s Customers for Sensitive Personal Data and/or Highly Sensitive Personal Data. “Sensitive Personal Data” means (i) Protected Health Information subject to the Health Insurance Portability and Accountability Act (“HIPAA”) (where “Protected Health Information” or “PHI” has the meaning set forth in HIPAA); or (ii) Special Categories of Personal Data (as defined by applicable regulation, including the GDPR or similar concepts under the CCPA) or such other personally identifiable information or data. “Highly Sensitive Personal Data” means passwords, user credentials, access tokens or the like, social security numbers, driver’s license numbers, bank account numbers or any data subject to PCI-DSS. Notwithstanding the foregoing and where applicable, GoodData may offer Company an additional security and compliance add-on(s) intended for the processing of Sensitive Personal Data as defined above.

(d) Third Party Applications. The Services may include URL links or integrations with Third-Party Applications to facilitate Company’s or Customers’ use of such Third-Party Applications, at Company’s sole discretion. Notwithstanding the foregoing, any procurement or use of Third-Party Applications is solely between Company and the applicable third party, and GoodData will have no liability for such Third-Party Applications. GoodData cannot guarantee the continued availability of such Third-Party Applications or the Services’ integration with them and may cease providing the integrations without entitling Company to any refund, credit, or other compensation, if for example and without limitation, the provider of a Third-Party Application ceases to make the Third-Party Application available for interoperation with the Services in a manner acceptable to GoodData.

5. Confidential Information.

(a) Confidential Information Defined. As used herein, “Confidential Information” means non-public information provided under this Agreement that the party disclosing the information designates at the time of disclosure as being confidential, or, if disclosed orally or visually, is identified as such prior to disclosure, or which, under the circumstances surrounding the disclosure, the receiving party knows or has reason to know should be treated as confidential without the need to be marked as such. Without limiting the foregoing, Confidential Information will include any information regarding a party’s financial condition, business opportunities, plans for development of future products, unreleased versions of products, know-how, technology, Customer information, and Customer Data. The GoodData Technology, Ancillary Services, if any, and any License Keys will be deemed GoodData Confidential Information. Notwithstanding the foregoing and except for Personal Data, nothing received by a receiving party will be construed as Confidential Information which: (i) is generally available to the public without breach of this Agreement; (ii) is lawfully obtained from a third party without a duty of confidentiality; (iii) is known to the receiving party prior to such disclosure; or (iv) is, at any time, developed by the receiving party independent of any such disclosure(s) from the disclosing party.

(b) Non-Disclosure. The parties agree to use all reasonable care to prevent disclosure of the other party's Confidential Information to any third party. Notwithstanding the foregoing, either party may disclose Confidential Information to its employees, consultants, and other third-party providers solely to the extent necessary to exercise its rights or obligations under this Agreement (or any Order or SOW), provided that the party has a non-disclosure agreement in place with such third-party provider that protects such Confidential Information against disclosure in a manner no less protective than this Agreement and provided that the each party remains responsible for any breach of this Section 5 by such providers, as if they were that party’s own employees. The foregoing notwithstanding, a receiving party may disclose the other party’s Confidential Information to the minimum extent legally required if the information is required by law to be disclosed in response to a valid order of a court of competent jurisdiction or authorized government agency, provided that the receiving party must give the disclosing party prompt written notice, obtain or allow for a reasonable effort by the disclosing party to obtain a protective order prior to disclosure, and reasonably cooperate with disclosing party at disclosing party’s request.

(c) Time Limit. Upon any termination or expiration of this Agreement, the receiving party will continue to maintain the confidentiality of the disclosing party's Confidential Information for three years from date of receipt, except that source code will be held in confidence in perpetuity and Customer Data will be held in confidence for so long as it is in GoodData’s possession.

6. Fees and Payment.

(a) Fees. In consideration for the Services access rights granted to Company and any Ancillary Services, by GoodData under this Agreement, Company will pay GoodData the fees stated in any applicable Order. All fees paid are non-refundable except as specified in Section 8(e) (Remedies for Impacted Services).

(b) Payment Terms. Unless otherwise agreed in an Order or SOW, payments to GoodData will be made no later than 30 days following receipt of invoice from GoodData. If any fee payments become past due, GoodData reserves the right to temporarily suspend all Services usage rights until outstanding payments are paid in full. GoodData also reserves the right to charge a fee equivalent to 2% per month on all amounts past due. All payments will be made in the currency designated in the relevant Order and by bank-to-bank wire transfer, all charges prepaid, or by check drawn on a United States (for USD) or European Union (EU) or European Economic Area (EEA) (for Euros) bank. Company is free to determine, in Company’s sole discretion, the prices at which Company offers the Data Service to Company’s Customers.

(c) Taxes. Company will be responsible for and will indemnify and hold GoodData harmless against all international, country, state, province and/or local taxes of any government, including, but not limited to, sales and use tax (exclusive of taxes on GoodData’s net income), duties and assessments arising on or measured by amounts payable to GoodData or arising out of or measured by amounts sold by Company. If any applicable law requires Company to withhold amounts from any payments to GoodData: (i) Company will effect such withholding, remit such amounts to the appropriate authorities and promptly furnish GoodData with tax receipts evidencing the payments of such amounts; and (ii) in the event GoodData is required to remit the withholding, GoodData will make such payment, and the sum payable by Company upon which the deduction or withholding is based will be increased to the extent required such that GoodData receives the gross amount owed by Company notwithstanding such withholding.

(d) No Set-Off. Company will not set-off or offset against GoodData’s invoices amounts that Company claims are due to Company by GoodData or any amounts resulting from any billing or collection disputes between Company and a Customer. Company will bring any claims or causes of action Company may have in a separate action and waive any rights Company may have to offset, set-off, or withhold payment for the Services or Ancillary Services delivered by GoodData.

(e) Currency Control. Company represents and warrants that, as of the Effective Date of this Agreement, no currency control laws applicable in countries other than the United States where Company conducts the activities under the Agreement will prevent the payment to GoodData of any sums due under this Agreement. If any such laws come into effect and the local government of the territory where payment will be made does not permit that payment be made in the currency set forth in the relevant Order, Company will notify GoodData immediately, and if so instructed by GoodData, deposit all monies due GoodData to the account of GoodData in a local bank of GoodData’s choice in the affected country.

7. Security.

(a) Security Procedures. GoodData will maintain administrative, physical and technical safeguards reasonably designed for the protection of the confidentiality, integrity and availability of Customer Data as processed pursuant to this Agreement, taking into consideration GoodData’s size, resources and nature and scope of its activities. Subject to Section 4 (Company’s Obligations; Restrictions), GoodData will use commercially reasonable efforts to maintain physical and information security management programs designed to achieve such objectives, in accordance with the Documentation, including procedures designed to protect (i) the security and confidentiality of all Customer Data; (ii) against any anticipated threats or hazards to the security or integrity of Customer Data; and (iii) against unauthorized access to or use of Customer Data that could result in substantial harm to Company (“GoodData Security Program”).

(b) Data Processing Addendum. If Company uses the hosted version of the Services, as a condition for GoodData providing such Services, Company agrees to the terms and conditions of the Data Processing Addendum available at https://www.gooddata.com/legal/dpa which is hereby incorporated herein by reference.

(c) Responsibility for Transmitted Data. Customer Data will be subject to transmission over the Internet and over various networks. GoodData will not be held responsible for such transmissions or any Customer Data which is lost, altered, intercepted or stored without GoodData's authorization, during the transmission of any data across networks not owned and/or operated by GoodData.

8. Indemnification.

(a) Company’s Obligations. Subject to the remainder of this Section 8, Company will: (i) defend and hold harmless GoodData and its Affiliates (including GoodData’s and its Affiliates’ directors, officers, and employees), against any claim, action, suit or proceeding (each, a “Claim”) brought by a third party (including any Customers or Users) to the extent that it is based upon a claim related to: (A) Customer Data attained or processed by Company in violation of the law or a third party’s rights; (B) the Data Service (excluding any GoodData Technology), including any intellectual property rights therein and use and performance thereof; (C) Company’s, a Customer’s, or any User’s violation of this Agreement, applicable Order, SOW, or any applicable law or regulation; (D) an agreement granting access to the Data Service between Company and a Customer or between one Customer and another Customer; (D) materials supplied by Company, Customers, or Users for use alongside the Services (including as included in or with the Data Service) which are not GoodData Documentation; or (E) any Claim brought by a Customer or User in connection with this Agreement; and (ii) indemnify GoodData from any resulting liabilities, losses, damages, fines, penalties, judgments, settlement amounts, costs and expenses incurred by GoodData in connection with such Claim(s).

(b) GoodData Obligations. Subject to the remainder of this Section 8, GoodData will: (i) defend and hold harmless Company and its Affiliates (including Company’s and its Affiliates’ directors, officers, and employees) against any Claim brought by a third party that the Services infringes any patent, trademark or copyright of such third party, or misappropriates a trade secret (but only to the extent that such misappropriation is not a result of Company’s actions) under the laws of the United States (“Infringement Claim”); and (ii) indemnify Company from any resulting liabilities, losses, damages, fines, penalties, judgments, settlement amounts, costs and expenses incurred by GoodData in connection with such Infringement Claims.

(c) Exclusions. Notwithstanding the foregoing, GoodData will have no obligation under this Section 8 or otherwise with respect to any Claim(s) which would not have arisen but for: (i) a combination of GoodData Technology with non-GoodData products or services; (ii) use of the Services in violation of this Agreement, an Order, or the Documentation; (iii) any modification to the Services made by Company, a Customer, or a User without GoodData’s express written approval; (iv) open source software; (v) any modifications to the Services to Company’s specifications made by or on behalf of GoodData; or (vi) trade secret misappropriation that is the result of Company’s actions. Additionally, GoodData will have no obligations or liability toward Company whatsoever for any use of the Services: (A) after Company’s access rights to the Services have been effectively terminated; or (B) 30 days after a new version of the Services has been made available to Company and Company has been notified of a need to upgrade due to a potential legal issue with an older version of the Services. THIS SECTION 8 STATES COMPANY’S SOLE AND EXCLUSIVE REMEDY AND GOODDATA’S ENTIRE LIABILITY FOR ANY THIRD-PARTY INFRINGEMENT CLAIMS OR ACTIONS.

(d) Indemnification Procedures. The indemnifying party hereunder will provide the aforementioned obligations in Sections 8(a) or (b) provided that the indemnified party: (i) promptly provides the indemnifying party with notice of such Claim provided that the indemnifying party’s indemnity obligations will be waived only if and to the extent that its ability to conduct the defense are materially prejudiced by a failure to give such notice; (ii) allows the indemnifying party sole control over the defense thereof and related settlement negotiations; and (iii) reasonably cooperates in response to the indemnifying party’s requests for assistance. Neither party may settle or compromise an indemnifiable claim without the indemnified party’s prior written consent, not to unreasonably be withheld.

(e) Remedies for Impacted Services. Should the Services become, or in GoodData’s opinion be likely to become, the subject of an Infringement Claim, GoodData will, at GoodData’s option and expense either: (i) procure the rights necessary for Company to make continued use of the affected Services in accordance with this Agreement; (ii) replace or modify the affected Services to make it non-infringing; or (iii) terminate access to the affected Services, and refund any pre-paid fees attributable to such Services.

9. Warranties; Disclaimers.

(a) Warranties. Each party warrants that it has the legal authority to enter into this Agreement. GoodData warrants to Company that: (i) the Services will materially conform to the relevant feature and functionality descriptions set forth in the Documentation; (ii) the Services will be free of viruses and other malicious code; and (iii) Ancillary Services will be performed in a competent and workmanlike manner in accordance with generally accepted industry standards. Company’s sole and exclusive remedy for GoodData’s breach of these warranties will be GoodData's provision of Support Services to Company or prompt re-performance of the Ancillary Services, as applicable, provided that Company provides GoodData with reasonably detailed notice of the breach. THE WARRANTIES SET FORTH IN THIS SECTION 9 ARE EXCLUSIVE TO COMPANY AND DO NOT APPLY TO CUSTOMERS.

(b) Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 9(a), THE GOODDATA TECHNOLOGY IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GOODDATA DOES NOT REPRESENT THAT COMPANY’S OR CUSTOMERS’ USE OF THE GOODDATA TECHNOLOGY WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR THAT THE GOODDATA TECHNOLOGY WILL MEET COMPANY’S OR CUSTOMERS’ REQUIREMENTS, THAT ALL ERRORS IN THE GOODDATA TECHNOLOGY WILL BE CORRECTED, OR THAT THE OVERALL SYSTEM THAT MAKES THE GOODDATA TECHNOLOGY AVAILABLE (INCLUDING BUT NOT LIMITED TO THE INTERNET, OTHER TRANSMISSION NETWORKS, AND COMPANY’S LOCAL NETWORK AND EQUIPMENT) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT AS EXPRESSLY SET FORTH HEREIN AND TO THE EXTENT PERMITTED BY LAW, GOODDATA MAKES NO ADDITIONAL WARRANTIES AND EXPRESSLY DISCLAIMS AND EXCLUDES, ON BEHALF OF ITSELF AND ITS AFFILIATES AND LICENSORS, ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION ANY WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

10. Limitation of Liability.

(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY OR ANY OF ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, OR SUPPLIERS BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (i) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE, OR PROFIT OR DIMINUTION IN VALUE; (ii) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF THE SERVICES; (iii) DATA BREACH OR LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA; (iv) COST OF REPLACEMENT GOODS OR SERVICES; (v) LOSS OF GOODWILL OR REPUTATION; OR (vi) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

(b) EACH PARTY’S AGGREGATE LIABILITY HEREUNDER SHALL IN NO EVENT EXCEED THE AMOUNT OF SUBSCRIPTION SERVICE FEES PAID BY YOU DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

(c) Exceptions. Notwithstanding Sections 10(a) and 10(b), nothing in this Agreement limits or excludes the liability or obligations of party for: (i) death or personal injury caused by such party or its gross negligence, willful misconduct, fraud, or fraudulent misrepresentation; (ii) each party’s indemnity obligations hereunder; (iii) a violation of GoodData’s or its licensor’s intellectual property rights (including breach of the licenses and rights granted herein); or (iv) Company’s express payment obligations.

11. Suspension and Termination.

(a) Term. This Agreement will commence on the Effective Date set forth in the initial Order and shall remain in effect until expiration of all Services or until terminated in accordance with Section 11(b) (“Term”).

(b) Termination. Either party may terminate this Agreement upon written notice if the other party materially breaches this Agreement and fails to correct the breach within 30 days following written notice specifying the breach. Either party may terminate an Order or SOW upon written notice if the other party materially breaches this Agreement or the applicable Order or SOW and fails to cure the breach within 30 days following written notice specifying the breach. Ancillary Services are separately ordered from the Services and are not required for the Services. A breach by a party of its obligations with respect to Ancillary Services will not by itself constitute a breach by that party of its obligations with respect to the Services even if enumerated in the same Order. Additionally, GoodData may terminate this Agreement immediately if Company is in violation of Section 12(e)(Export Controls).

(c) Effect of Termination. Upon termination or expiration of this Agreement all rights and licenses granted to Company hereunder, will immediately cease and each party will return or destroy (or in the case of electronic information, render practicably inaccessible) the Confidential Information of the other. Additionally, each party will cease using the other party’s Marks. GoodData will make Customer Data available to Company for a period of thirty (30) days after termination in the current format that it is stored in the Services. Thereafter, GoodData will have no obligation to maintain or provide Company with copies of Customer Data. Termination of this Agreement will not limit either party from pursuing any other remedies available to it, including injunctive relief, nor will such termination relieve any obligation to pay all fees that have accrued or are otherwise owed under this Agreement. The parties’ rights and obligations under Sections 1, 3, 5, 6, 7 (to the extent GoodData retains any Customer Data), and 8-12 will survive the expiration or earlier termination of this Agreement.

(d) Suspension. In addition to any of its other rights or remedies (including, without limitation, any termination rights) set forth in this Agreement, GoodData reserves the right to suspend provision of the Services (i) if Company is thirty (30) days or more overdue on a payment, subject to the cure period in Section 11(b); (ii) if GoodData deems such suspension necessary as a result of Company or a Customer’s breach of Sections 3 (Intellectual Property Rights) or 4 (Company Obligations; Restrictions); (iii) if GoodData reasonably determine suspension is necessary to avoid material harm to Company or Customers, including if the Services is experiencing denial of service attacks, mail flooding, or other attacks or disruptions outside of GoodData’s control; or (iv) as required by law or at the request of governmental entities. If Company’s access to the Services is suspended, Company may no longer have access to the Customer Data or may experience a decrease in the performance level of the Services. GoodData reserves the right, in its sole and absolute discretion, to deactivate, change and/or require Company to change Company’s user credentials for any reason and at any time, with or without prior notice.

12. General.

(a) Disputes, and Arbitration. This Section 12(a) will only apply to Company if the GoodData entity which is a party to this Agreement is GoodData Corporation per the relevant Order. Subject to Section 12(c) (Injunctive Relief and IP Claims), any dispute, claim or controversy arising out of or relating to this Agreement (including all SOWs and Orders) or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, will be determined by arbitration in San Francisco, California, before one arbitrator. The arbitration will be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause will not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator may, in the award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party (as defined by California Civil Code Section 1717). Company may only resolve disputes with GoodData on an individual basis and will not bring a claim in a class, consolidated, or representative action.

(b) Contracting Entity Governing Law. The parties agree to first seek to amicably manage and resolve misunderstandings or disputes by escalating the same to their respective executives for timely consideration. “GoodData” as a party to this Agreement will mean the GoodData contracting entity specified in the relevant Order. his Agreement and all relations, disputes, claims and other matters arising hereunder (including non-contractual disputes or claims) will be governed exclusively by, and construed exclusively in accordance with, the laws of the jurisdictions set forth in the following table, as determined by the GoodData contracting entity (as indicated in the first column), without regard to conflicts of laws provisions. To the extent permitted by law, choice of laws rules and the United Nations Convention on Contracts for the International Sale of Goods will not apply. For the purposes of adjudicating any action or proceeding to enforce the terms of this Agreement, the parties hereby irrevocably consent to the exclusive jurisdiction of, and venue in, any national or provincial court of competent jurisdiction located in the venue indicated in the table corresponding to GoodData contracting entity (subject to Section 12(a) (Disputes and Arbitration)). The prevailing party in any claim or dispute between the parties under this Agreement will be entitled to reimbursement of its reasonable attorneys’ fees and costs.

GoodData Contracting Entity	Jurisdiction	Notice Address
GoodData Ireland	Ireland	Attn: General Counsel 12 Merrion Square Dublin 2 Dublin, Ireland with copy to legal@gooddata.com.
GoodData Corporation, a Delaware corporation	The State of California	Attn: General Counsel 1 Post St. Suite 400 San Francisco, CA 94104 with copy to legal@gooddata.com

(c) Injunctive Relief and IP Claims. Any breach of the confidentiality or intellectual property rights terms under this Agreement by either party hereunder will result in harm and economic loss to the other party not compensable by monetary damages. Either party will be entitled to seek an injunction against such breach or threatened breach from a court of law, in addition to other legal or equitable remedies, and without the need to post a bond or other financial security for such injunctive relief or the necessity of proving that other available remedies may be inadequate. Notwithstanding anything to the contrary in Section 12(a), either party may bring a lawsuit in a court of law for claims of intellectual property rights infringement.

(d) Anti-Corruption Laws. Company will not engage in any deceptive or unethical trade practices or any act which might harm GoodData’s reputation or the reputation of the GoodData Technology. Company will comply with all applicable anti-corruption laws and regulations (“Anti-Corruption Laws”) including but not limited to the United States Foreign Corrupt Practices Act and the UK Bribery Act, irrespective of whether Company is legally subject to it. Company will not cause GoodData to violate any Anti-Corruption Laws in connection with any activities related to this Agreement (collectively, the “Activities”). Company will not, in connection with the Activities, pay, offer, promise, or authorize the payment or transfer of anything of value, directly or indirectly, to any other person or entity for the purpose of improperly obtaining or retaining business, for any other advantage for GoodData, or for any other purpose prohibited by any Anti-Corruption Laws.

(e) Export Controls. The GoodData Technology is of United States origin and is provided subject to the U.S. Export Administration Regulations and the regulations of other jurisdictions (e.g., the European Union). Diversion contrary to applicable law is prohibited. Without limiting the foregoing, Company warrants that: (i) Company is not, and Company is not acting on behalf of, any person who is a citizen, national, or resident of, or who is controlled by the government of any country to which the United States or other applicable government body has prohibited export transactions (e.g., Iran, North Korea, etc.); (ii) Company is not, and Company is not acting on behalf of, any person or entity listed on a relevant list of persons to whom export is prohibited (e.g., the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons, the U.S. Commerce Department Denied Persons List or Entity List, etc.); and (iii) Company will not use any GoodData Technology for, and will not permit any GoodData Technology to be used for, any purpose prohibited by applicable law. Company will, at Company’s own expense, obtain and arrange for the maintenance in full force and effect of all governmental approvals, stamps, consents, licenses, authorizations, declarations, filings, and registrations as may be necessary or advisable for the performance of all the terms and conditions of this Agreement, including, but not limited to, all approvals which may be required to realize the intent and purpose of this Agreement.

(f) Assignment. Neither party may transfer or assign its rights under this Agreement without the prior consent of the other party. Notwithstanding the foregoing, a party may assign this Agreement in connection with the sale, merger or other corporate combination involving all or substantially all of the assets of the assigning party to a third party provided that the assignee assumes all of the assigning party’s obligations and liabilities hereunder. Any attempted assignment in violation of this paragraph is void. This Agreement will inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.

(g) Severability. If any provision or part of this Agreement is determined by a court of competent jurisdiction to be illegal, invalid or unenforceable, the parties intend that the court will modify the provision to the minimum extent necessary to make it valid and enforceable, or if it cannot be made valid and enforceable, the parties intend that the court will sever and delete the illegal, invalid, or unenforceable provision or part from this Agreement. Any change to or deletion of a provision or part of this Agreement under this Section will not affect the validity or enforceability of the remaining provisions of this Agreement, which will continue in full force and effect.

(h) Waiver of Breach. No delay or omission by either party to exercise any right or power arising upon the other party’s nonperformance or breach will impair that right or power or be construed as a waiver of it. Any waiver must be in writing and signed by the waiving party. A waiver on one occasion will not be construed as a waiver of any subsequent event of nonperformance or breach.

(i) Force Majeure. Except for the obligation to make payments, performance under this Agreement will be postponed automatically to the extent that either party is prevented from meeting its obligations by causes beyond its reasonable control, including but not limited to acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, public health emergencies (including pandemics and epidemics), acts or orders of government, acts of terrorism, or war.

(j) Notices and Consent to Electronic Communication. Company will receive electronic communications and notifications from GoodData in connection with the products and services to be provided hereunder and the Agreement generally. Company agrees that any such communication will satisfy any applicable legal communication requirements, including that such communications be in writing. GoodData may provide Company with notices by email to the email address that Company registered with (and/or other alternate email address associated with Company’s account if provided), or by regular mail. Company will be deemed to have received any email sent to the email address then associated with Company’s account when GoodData sends the email. All notices and requests in connection with this Agreement required to be given by Company to GoodData will be given in writing to the applicable address(es) specified in Section 12(b) (Contracting Entity and Governing Law). GoodData may also share Company’s contact information with third party service providers solely for the purposes of providing Company or Company’s Customers with information related to the Services.

(k) No Agency. Company has no right to vary any policies, conditions, representations or warranties made by GoodData, and neither party has the right to bind or act for the other as an agent or in any capacity except as expressly provided in writing by amendment to this Agreement. The relationship under this Agreement will not create any legal partnership, franchise relationship, distributor relationship, or other form of legal association between the parties that would impose a liability between the parties or to third parties.

(l) Records. During the Term of this Agreement and for one year thereafter, Company will retain records of Company’s activities under this Agreement sufficient to show Company’s compliance with this Agreement. During this period, GoodData will have the right to audit Company’s records relating to Company’s performance under this Agreement and to verify that Company has fulfilled Company’s obligations under this Agreement, and Company will reasonably cooperate with GoodData or its third-party auditor (provided such auditor is subject to a confidentiality agreement). Any such audit will be conducted during normal business hours on a date mutually acceptable to both parties, will not unreasonably interfere with Company’s business activities, and GoodData will provide at least ten (10) business days’ prior notice. The audit will be conducted at GoodData’s expense, unless the audit reveals that Company has materially breached Company’s obligations under Section 2(b)-(c), the audit reveals that Company has underpaid GoodData by more than 5% for the Services fees payable by Company for the period audited, or that Company has materially failed to maintain accurate records. If Company has underpaid GoodData any sums, Company will promptly pay GoodData the outstanding amounts due plus interest at a monthly effective rate of 2% for the period of the underpayment. In the event that Company self-discloses such underpayment, and the disclosure is not immediately after the notification of an audit, all interest will be waived, and Company’s obligation will be limited to the underpayment. Such audits will not be conducted more than once in any period of 12 consecutive months, or twice during the same time period in the event that an audit reveals a material breach of Company’s obligations hereunder.

(m) Entire Agreement. This Agreement, including all exhibits and attachments, together with any Orders and SOWs, contains the complete and exclusive statement of the agreement between the parties with respect to the subject matter herein. Company has not relied on any statement, promise or representation made or given by or on behalf of GoodData that is not set out in this Agreement. Company’s Orders are not contingent on, and Company has not relied on, the delivery of any future functionality regardless of any verbal or written communication about GoodData’s future plans. If there is any conflict of inconsistency, the following order will apply: Order, SOW, the Agreement. The terms of this Agreement apply to the exclusion of any other terms that Company may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. Any purchase order submitted by Company is for Company’s internal purposes only and its terms and conditions are superseded and replaced by this Agreement.

(n) Changes to this Agreement. GoodData reserves the right to revise this Agreement from time to time. GoodData will date and post the most current version of this Agreement on the GoodData Legal Center, available at https://www.gooddata.com/legal. Any changes will be effective upon posting the revised version of this Agreement (or such later effective date as may be indicated at the top of the revised Agreement). If, in GoodData's sole discretion, GoodData deems a revision to this Agreement to be material, GoodData may notify Company via the Services. Notice of other changes may be provided via the GoodData Legal Center. Check the date and/or version number of the Agreement whenever Company visits the GoodData Legal Center to see if this Agreement has been updated. Company’s continued access or use of any portion of the Services constitutes Company’s acceptance of such changes. If Company does not agree to any of the changes, GoodData is not obligated to continue providing the Services, and Company must stop using the Services. Except as otherwise set forth in this Agreement, no modification, amendment, or waiver of any provision of this Agreement will be effective unless it specifically references this Agreement, explicitly expresses a desire to amend this Agreement, is set forth in writing and is signed by the parties.

(o) Counterparts. This Agreement may be signed in counterparts and by facsimile, each of which will be considered an original document, but together which will constitute one complete document.

(p) Controlling Language. This Agreement has been prepared and executed in the English language only, which language will be controlling in all respects. Any translations of the provisions of this Agreement into any other language are for reference only and will have no legal or other effect. Any notice that is required or permitted to be given by one party to the other under this Agreement must be in the English language and in writing. All proceedings related to this Agreement will be conducted in the English language. Les parties aux présentes ont formellement demandé à ce que la présente convention et tous les documents auxquels cell-ci réfère soient rédigés et signés en langue anglaise.

(q) US Government Rights. GoodData Technology is commercial computer software and all services are commercial items. “Commercial computer software” has the meaning set forth in Federal Acquisition Regulation (“FAR”) 2.101 for civilian agency purchases and the Department of Defense (“DOD”) FAR Supplement (“DFARS”) 252.227-7014(a)(1) for defense agency purchases. If software is licensed or the services are acquired by or on behalf of a civilian agency, GoodData provides the commercial computer software and/or commercial computer software documentation and other technical data subject to the terms of this Agreement as required in FAR 12.212 (Computer Software) and FAR 12.211 (Technical Data) and their successors. If the software is licensed or the services are acquired by or on behalf of any agency within the DOD, GoodData provides the commercial computer software and/or commercial computer software documentation and other technical data subject to the terms of this Agreement as specified in DFARS 227.7202-3 and its successors. Only if this is a DOD prime contract or DOD subcontract, the Government acquires additional rights in technical data as set forth in DFARS 252.227-7015. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFARS or other clause or provision that addresses Government rights in computer software or technical data.

(r) Third Party Disputes. If Company obtains access to the Services through a GoodData authorized partner (“Partner”) as part of such Partner’s product or service or otherwise through such Partner, GoodData will not be responsible for its Partner dealings. In the event that Company has a dispute with a Partner (except in the case where a dispute arises as a result of GoodData’s willful misconduct or gross negligence) Company releases GoodData and its affiliates from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Company will not be deemed a third-party beneficiary to any agreement or dealings between GoodData and any Partner. For the avoidance of doubt, this Agreement will directly supersede anything to the contrary set forth in the Uniform Commercial Code which would otherwise enable Company to seek direct recourse from GoodData for such disputes.

Exhibit A - Product-Specific Terms

GoodData Cloud is a data analytics service that is hosted in Amazon AWS regions. GoodData Cloud Enterprise Plan includes the following components:

Types of cookie	Use of cookies	Who serves these cookies on our Website?
Strictly necessary cookies: These cookies are strictly necessary to provide you with services available through our Websites, to analyze traffic and to use some of its features, such as access to secure areas.	We use these "Strictly necessary" cookies to: Identify you as being logged in to the website and to authenticate you Make sure you connect to the right service on the website when we make any changes to the way it works For security purposes Make sure you connect to the right service on the website when we make any changes to the way it works	HubSpot Verifalia
Website and Content Experience cookies: These cookies provide us with information on how our Websites are being used, to help us improve the quality and relevance of content we place on our Websites. Additionally, they also allow us to show you embedded videos, remember your preferences and actions, so that the Websites do not bother you with the same request repeatedly (e.g. filling a form to download a PDF file) and provide feedback about such actions to our affiliated entities.	We use 'Website and Content Experience' cookies to: Remember settings you've applied such as layout, text size, preferences and colors Remember if we've already asked you if you want to fill in a survey Remember if you have engaged with a particular component or list on the website so that it won’t repeat Show you when you're logged in to the website To provide and show embedded video content Carry out web analytics: Provide statistics on how the website is used Perform affiliate tracking: Provide feedback to affiliated entities that one of our visitors also visited their site Obtain data on the number of users of the website that have viewed a product or service Help us improve the website by measuring any errors that occur Test different designs for the website	Google Analytics HotJar G2 Triblio Appcues
Communications cookies: These cookies remember what content you visited on our Websites, to help us serve to you only relevant marketing content that addresses your needs and interests. Our marketing content (i.e. banners) will appear on other websites. When visiting our Website, plugins are embedded in a manner which ensures that a connection to the servers of the respective plugin provider will only be established if you click on the plugin. Your internet browser establishes a direct connection to the respective plugin provider’s servers only when you activate the plugins. This way, the plugin provider receives information that your internet browser has accessed the respective site of our Website, even when you do not maintain a user account with the provider or are not logged in. Log files (including the IP address) are transmitted directly from your internet browser to a server of the respective plugin provider and may be stored there. This server may be located outside the EU or EEA (e.g. in the U.S.). We have no influence on the scope of data gathered and stored by the plugin provider through the plugin. If you do not wish for the plugin providers to receive, save, and use data gathered through this Website, you should not use the respective plugins. You can also block the plugins from being loaded with browser add-ons (so-called script blockers).	We may use "Communication" cookies to: Display targeted ads within the website and once you leave our website. Improve how we deliver personalized ads and content, and to measure the success of ad campaigns on the website. Communication cookies may be set through our website (first-party cookies) or by our third party advertising partners (third-party cookies). We may use Communication cookies to track your browser across other sites, building up a profile of your interests and possibly other personal data - but we have ensured that this only happens if you have requested us to share information with the respective social network. Our website uses social media plug-ins (“Plugins”) by the following providers: Twitter plugin; Twitter is operated by Twitter Inc., 1355 Market St, Suite 900, San Francisco, CA 94103, USA ("Twitter"). Find an overview of Twitter's plugins and their appearance here: https://twitter.com/about/resources/buttons; You can find out more about the purpose and scope of the data collection as well as about processing and use of your data by Twitter here: https://twitter.com/privacy.	Medium GoogleAds Twitter Facebook LinkedIn

Name	Purpose of processing
Rackspace US, Inc.	Hosting centre provider in US and EU
ThinkOn, Inc.	Hosting centre provider in Canada
Amazon Web Services, Inc.	IaaS provider, Infrastructure in US, EU and Canada
Google, Inc.	IaaS provider, Infrastructure in US
Microsoft Corporation	Desktop-as-a-Service environment provider
KMS Technology Solutions, Inc.	Professional Services Outsourcing
BigHub s.r.o.	Professional Services Outsourcing
Brightpoint Consulting Inc.	Professional Services Outsourcing
Cloud-IAM SAS	Identity Provider

If to GoodData:	If to You:
GoodData Corporation ATTENTION: Legal Department 1 Post Street, Suite 400 San Francisco, CA 94104 With a copy to legal@gooddata.com	to the email address provided during Your registration

Your Domicile	GoodData Contracting Entity	Jurisdiction	Venue	Notice Address	Designated Currency
Anywhere worldwide	GoodData Corporation, a Delaware corporation	The State of California	San Francisco, California	Attn: General Counsel 1 Post St. Suite 400 San Francisco, CA 94104 with copy to legal@gooddata.com	USD

Legal Center

Contracts

GoodData Platform Trial Terms of Use

Version 1.3

Effective August 23, 2021

Table of Contents

Updated: 07/01/2020

5. Confidential Information.

6. Report Abuse.

7. TOU Changes.

8. Consent to Electronic Communications and Solicitation.

9. Updates to the Platform.

10. Privacy.

11. Proprietary Rights; Intellectual Property; Feedback.

12. Indemnity.

13. Governing Law; Limitation of Liability.

14. Suspension and Termination of Your Use of the Platform.

15. General.

GoodData Platform Free Terms of Use

Version 1.9

Effective August 25, 2021

Table of Contents

GOODDATA PLATFORM FREE TERMS OF USE

1. Definitions.

2. Overview.

3. Technology License Grant.

4. Intellectual Property Rights.

6. Confidential Information.

7. Security; Transmission.

8. Indemnification.

9. Limitation of Liability.

10. Suspension and Termination.

11. General.

GoodData Platform Terms of Use

Version 2.1

Effective January 6, 2022

Table of Contents

1. Definitions.

All capitalized terms not otherwise defined herein shall have the meaning set forth below.

2. Overview.

3. Technology License Grant.

4. Intellectual Property Rights.

5. Your Obligations; Restrictions.

6. Confidential Information.

7. Security; Transmission.

8. Fees and Payment.

9. Indemnification.

10. Warranties and Limitation of Liability.

11. Suspension and Termination.

12. General.

GoodData.CN PoweredBy Data as a Service Program Agreement

Version 1.7

Effective March 1, 2022

Table of Contents

2. Licenses.

3. Intellectual Property Rights.

4. Confidential Information.

5. Fees and Payment.

6. Indemnification.

7. Warranties and Disclaimers.

9. Term and Termination.

(a) Term. This Agreement will commence on the date You accept this Agreement and will remain in effect until terminated in accordance with Section 9(b) (“Term”).

GoodData Privacy Policy

Version 2.10

Effective April 21, 2022

Table of Contents

Updated: 04/21/2022

INTRODUCTION

PERSONAL DATA WE COLLECT FROM YOU

Personal Data You May Choose to Provide to GoodData

Personal Data that are Collected Passively

Data Collected from Downloadable Products

Information About Your Customers

HOW WE USE PERSONAL DATA WE COLLECT FROM YOU

Authentication and Personalization in Usage of the GoodData Platform

Schedule Notices and Alert Emails

Workspace Invitations

Referrals

Improvement of Our Services

Improvement of Our Products and Your Ease of Use