Hasura, Inc.: HASURA EE TRIAL TERMS OF SERVICE

• Definitions

  1. “Account” means the specific account created by you with Hasura to access the Hasura EE.
  2. “Documentation” means the instruction manuals, user guides, and other information made available from time to time by Hasura to you (in either printed or electronic form) in connection with a Hasura EE Trial.
  3. “Hasura GraphQL Engine” means a GraphQL server that gives you instant, real-time GraphQL APIs over a database, with webhook triggers on database events, remote schemas for business logic, and an authorization engine.
  4. “Hasura Proprietary Software” means components included in the Hasura EE on which Hasura claims the copyright to the source code and which is not provided under an Open-Source Software License. Hasura EE includes the Hasura proprietary add-on services for the Hasura GraphQL Engine that provide additional functionality such as team management, analytics, rate-limiting, allow-listing workflows, read-replica support, regression testing.
  5. “Hasura EE” means the Hasura GraphQL Engine and the Hasura Proprietary Software that are licensed to you pursuant to these Terms.
  6. “Hasura EE Trial” means your use of the Hasura EE solely for the purpose of internal evaluation of the Hasura EE during the Hasura EE Trial Term.
  7. “Hasura EE Trial Term” means the thirty (30) day period beginning with your creation of an Account for the Hasura EE Trial. The Hasura EE Trial Term may be extended by written approval from Hasura.
  8. “Licensee Data” means all information, content and data (including, without limitation, schema and other implementation details, telemetry, IP and Geo-location data, service usage data and any personally identifiable information) provided by or on behalf of you, and/or made available, collected or otherwise distributed through use of the Hasura EE Trial.
  9. “Open-Source Software License” means any license that provides open-source software, including, but not limited to the MIT license, the Apache license, the BSD license, the GPL license or other similar licenses.

• Account Set-Up

  1. You must create an Account to access and use the Hasura EE as part of a Hasura EE Trial.
  2. In order to create an Account, you will be required to provide us with your e-mail address, GitHub Id and/or Google Id, and/or such other information as Hasura may require for the purpose of user registration, identification, and account verification.
  3. This information will be collected, stored, and processed in accordance with our Privacy Policy.
  4. You must provide accurate and complete registration information at the time of Account set-up. You are responsible for the security of your passwords and for any use of your Account. If you become aware of any unauthorized use of your password or of your Account, you agree to notify Hasura immediately by sending an email to [email protected].

• License Grant

  1. License to Hasura Proprietary Software. Subject to the terms of this Agreement, Hasura grants you, solely for the Hasura EE Trial Term, a revocable, non-exclusive, non-transferable, non-sublicensable license to install, copy, configure and use the Hasura Proprietary Software and Documentation solely as part of a Hasura EE Trial. Except for this limited license, Hasura does not grant you any other right to you.
  2. License to Hasura GraphQL Engine. The Hasura GraphQL Engine is licensed to you under the applicable Open-Source Software License. To the limited extent that the licenses governing any such open source components expressly supersede the terms herein, such open source licenses govern your agreement with Hasura for the use of such components. The list of licenses governing the open source components used or included the Hasura EE can be obtained by emailing [email protected].
  3. License to Licensee Data. You grant to Hasura, a non-exclusive, transferable and sublicensable (solely as set forth herein), worldwide, royalty-free license to use, copy, license to store, record, transmit, maintain, reproduce, modify, adapt and perform Licensee Data solely as reasonably required to operate and provide the Hasura EE Trial pursuant to this Agreement (including, without limitation, Support). In addition, and despite anything to the contrary in this Agreement, Licensor shall have the right to collect and analyse Licensee Data and other information relating to the provision, use and performance of various aspects of the Hasura EE and related systems and technologies, and Hasura shall have the right to store and use such information and data (solely in aggregated and anonymized form in connection such that neither you nor any individual may be identified from such data) for the purpose of analytics and to improve and enhance the Hasura EE and related services.

• Restrictions

  Hasura has granted the limited access and use of the Hasura EE to you and it does not sell them. As between Hasura and you, Hasura owns all right, title, and interest in and to such License Product, and any intellectual property rights associated with it. You shall not (a) reverse compile, disassemble, decompile or engineer, copy, modify, adapt or create derivative works of or from the Hasura EE or any part thereof, or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Hasura EE; (b) use the Hasura EE or Documentation for the benefit of, anyone other than You; (c) assign, transfer, sell, resell, license, sublicense, distribute, rent or lease the Hasura EE or Documentation, or include any Hasura EE or Documentation in a service bureau or outsourcing offering; (d) access or use the Hasura EE other than as part of the Hasura EE Trial; or (e) use the Hasura EE in connection with any deployed computer system, including without limitation commercial, any for-profit or publicly accessible system or use the Hasura EE in a production environment or for commercial or revenue-generating purposes.

• Proprietary Rights and Non-Exclusivity

  1. You acknowledge and agree that Hasura (or its licensors as the case may be) own all legal right, title and interest in the Hasura EE including but not limited to any concepts, inventions, systems, platforms, interfaces, tools, utilities, user interface, algorithms, logic, formulae, scripts, work flows, processes, software, methodologies, databases know-how, trade secrets and other technology and information including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist.
  2. This Agreement is a non-exclusive arrangement. There is no prohibition or restriction on Hasura to provide the same or substantially similar rights as set out in this Agreement to any other person.

• Termination

  1. Termination for Cause: If you breach your obligations under this Agreement, Hasura reserves the right to terminate this Agreement and your access to your Account.
  2. Termination for Convenience: Either party may terminate this Agreement. You may terminate this Agreement by sending Hasura an email at [email protected] and Hasura may also terminate this Agreement by sending you an email notification to your email ID provided to us during Account setup.
  3. Expiration of the Hasura EE Trial Term: If not terminated earlier pursuant to this Section 6, this Agreement will terminate as the end of the Hasura EE Trial Term.
  4. Consequences of Termination:
     1. Your license key to the Hasura EE Trial will expire and your right to use the Hasura Proprietary Software will terminate as set forth in Section 6.4.2.
     2. You will immediately stop using the Hasura Proprietary Software and shall immediately uninstall or destroy (or at the sole option of Hasura, return) all copies of the Hasura Proprietary Software in your possession or control, and a duly authorized officer shall certify in writing to Hasura, at Hasura’s request, that you have complied with such obligation. Any termination of this Agreement pursuant to this Section shall be without prejudice to any other rights or remedies a party may be entitled to hereunder or at law and shall not affect any accrued rights or liabilities of either party nor the coming into or continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination. Any terms of this Agreement that generally survive termination shall so survive. You may continue use of the Hasura GraphQL Engine subject to the terms of the applicable Open-Source Software License.

• Disclaimers

  1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE HASURA EE IS AT YOUR SOLE RISK AND THAT THE LICENSE PRODUCT IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTY FOR MERCHANTABILITY OR FITNESS FOR PURPOSE. HASURA DOES NOT WARRANT THAT THE HASURA EE WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE SECURE, ERROR FREE, OR UNINTERRUPTED.
  2. YOU HAVE CHOSEN TO USE THE HASURA EE ON YOUR OWN VOLITION AND HASURA BEARS NO RESPONSIBILITY AS TO THE QUALITY AND PERFORMANCE OF THE HASURA EE. HASURA WILL NOT UNDER ANY CIRCUMSTANCE BE RESPONSIBLE FOR LOSS OF ANY DATA DUE TO USE OF THE HASURA EE.

• Indemnity and Limitation of Liability

  1. To the maximum extent permitted by law, You agree to defend, indemnify and hold harmless Hasura and its directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or accruing from (i) Your use of the Hasura EE in violation of this Agreement or any applicable laws or regulations, and (ii) any third party claims arising out of or relating to Your Use of the Hasura EE.
  2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT HASURA, ITS REPRESENTATIVES, AND LICENSORS SHALL NOT BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU BY USE OF THE HASURA EE, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT HASURA OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. IN NO EVENT WILL HASURA’S TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE HASURA EE, THE HASURA EE TRIAL OR THIS AGREEMENT EXCEED THE AGGREGATE OF ANY AND ALL AMOUNTS PAID TO HASURA BY YOU IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM AND SUCH LIABILITY SHALL NOT BE GREATER THAN ONE HUNDRED DOLLARS ($100.00).

• Governing Law, Arbitration, and Jurisdiction

  All matters relating to your access to or use of the Hasura EE shall be governed by U.S. federal law or the laws of the State of Delaware.
  
  Any dispute, claim or controversy arising out of or relating to these Terms including the determination of the scope or applicability of these Terms to arbitrate, shall be determined by arbitration in the State of Delaware before one arbitrator. The arbitration shall be administered by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Judgment on the Award may be entered in any court having jurisdiction. ANY ARBITRATION UNDER THESE TERMS SHALL TAKE PLACE ON AN INDIVIDUAL BASIS. THE PARTIES AGREE THAT THEY ARE WAIVING THEIR RIGHT TO PARTICIPATE IN CLASS ACTION. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
  
  You may not access, download, use, or export the information, software, products, or services contained on this website in violation of U.S. export laws or regulations, or in violation of any applicable local laws or regulations.

• Modifications

  Hasura reserves the right, at its sole discretion, to change or modify this Agreement at any time. In the event, we modify this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. We will inform you about the modifications via email or by any comparable means. We will also post the modified version on this page. Your continued use of the Hasura EE shall constitute your consent to such changes. Hasura may change, modify, suspend, or discontinue any aspect of the Hasura EE Trial at any time without notice or liability.

• No Assignment

  This Agreement is only for your benefit only. You shall have no right to assign this Agreement or any benefits or obligation hereunder to any other party or legal entity. Any attempted assignment shall be void.

• Force Majeure

  Neither you nor we shall be obliged to perform any of its obligations herein if either you or we are prevented from doing so by a situation of force majeure. “Force majeure” events shall include events beyond the reasonable control of either you or us including acts of God, acts of government, acts of nature, epidemics, strikes, or riots.

• Severability

  In the event any provisions of these Terms are found to be contrary to any law or regulation of an administrative or governmental agency or body, such provision will be modified and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. In the event such a provision cannot be modified and becomes invalidated or unenforceable, its invalidation or unenforceability will not affect the validity or enforceability of any other provision of these Terms.

• Contact Us

  If you have any questions concerning this Terms of Service, please do not hesitate to contact Hasura at [email protected].
  
  PLEASE NOTE: IF YOU ACCESS THE HASURA EE, YOU HAVE AGREED TO AND ACCEPTED THE PRACTICES DESCRIBED IN THIS TERMS OF SERVICE, PRIVACY POLICY, AND WEBSITE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS, OUR PRIVACY POLICY, WEBSITE TERMS OF USE, YOU MUST NOT ACCESS THE HASURA EE.