Version: 21 April 2025
BY INSTALLING OR USING THE THOUGHTSPOT APPLICATION, ADD-ON, ADD-IN, OR APP, AS APPLICABLE, AND ANY UPDATES, UPGRADES, AND SUPPLEMENTS THEREOF (COLLECTIVELY, THE “APPLICATION” OR “APP”), YOU (THE INDIVIDUAL OR LEGAL ENTITY ON BEHALF OF WHICH YOU ARE ACCEPTING THESE TERMS, HEREIN REFERRED TO AS “YOU” OR “YOUR”) AGREE TO BE BOUND BY THESE THOUGHTSPOT APPS TERMS OF USE (“TOU”). IF YOU DO NOT AGREE TO THE TERMS OF THIS TOU, YOU MUST NOT INSTALL OR USE THE APPLICATION AND YOU MUST DELETE THE APPLICATION FROM YOUR COMPUTING SYSTEM AND ENVIRONMENT. THIS TOU IS EFFECTIVE BETWEEN YOU AND THOUGHTSPOT, INC. (“THOUGHTSPOT”) AS OF THE DATE YOU FIRST INSTALL OR USE THE APPLICATION.
APPLICATION
You must be an authorized user of the ThoughtSpot software or subscription service (“Service”) accessed by the Application to use the Application. ThoughtSpot provides the Application to you “as is” and “as available” and as an accommodation to you to access certain functionalities in the ThoughtSpot Service, to which you must have purchased the necessary use rights in a separate purchase agreement (“Agreement”). The Application is not part of, nor covered under, the ThoughtSpot Service provided under an Agreement, including but not limited to, any support, uptime, or response terms and your use of the Service will remain subject to the Agreement governing such use. Your use of the Application requires that you have an account with ThoughtSpot and agree to the terms of the Agreement. ThoughtSpot may at any time remove the Application’s access to the ThoughtSpot Service or terminate the availability of this Application without any liability to you or any third party. In the event of termination, you must remove and destroy all copies of the Application, including all backup copies from all devices you own, possess, or control and on which the Application is installed. The Application may not be available for all devices.
If you have a support question regarding the Application, you may contact ThoughtSpot using the URL or email provided on the Application listing in the marketplace from which the Application was accessed or downloaded (the “Marketplace”). Notwithstanding the foregoing, ThoughtSpot has no obligation to provide support to you, and this disclaimer is not waived in the event that ThoughtSpot elects to provide support or any assistance or feedback.
USE AND RESTRICTIONS
Subject to the terms of this TOU, ThoughtSpot hereby grants to you a right to use the Application only as installed in the third-party product into which the Application is intended to be integrated, and as permitted by the applicable terms of use of the third-party product, applicable terms of the Marketplace, and any other applicable agreements and policies of the provider of the third-party product. The Application is licensed and not sold.
You shall not (and have no license to): (1) use the Application to access the ThoughtSpot Service in a manner not authorized by the Agreement; (2) use the Application, or the output of the Application, except as your access to the ThoughtSpot Service is permitted in the Agreement; (3) disassemble, decompile, port, reverse compile, reverse engineer, translate, or otherwise attempt to separate any of the components of the Application or reconstruct the Application, or attempt to derive or obtain any source code, structure, algorithms, processes, techniques, technologies, know-how, or ideas embodied by, underlying, or contained in the Application; (4) sell, license, sublicense, rent, lease, encumber, lend, distribute, transfer, or provide a third party with access to the Application, on a hosted basis, as a managed service provider, or otherwise; (5) alter, modify, or create derivative works of the Application (including the underlying source code) in any way, including through customization, translation, or localization; (6) distribute copies of the Application or make the Application available over a network where it could be used by multiple devices at the same time; (7) use the Application in any manner which violates any applicable law or regulation; or (8) remove or alter any trademark, logo, copyright, or other proprietary notices, legends, symbols, or labels in the Application. You also agree not to violate the usage limits or controls set forth in the applicable Terms of Service for the Marketplace in which you download, install, or use the Application.
OWNERSHIP
You do not acquire any ownership interest in the Application under this TOU, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions and restrictions, under this TOU. ThoughtSpot and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the Application, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in this TOU. All rights not expressly granted herein are reserved.
FEEDBACK
ThoughtSpot welcomes any recommendations, suggestions, ideas, or feedback you have about the Application (collectively, “Feedback”). You understand that ThoughtSpot owns all Feedback that you provide and you are not entitled to any compensation or reimbursement of any kind for providing Feedback to ThoughtSpot or in connection with ThoughtSpot’s use of Feedback.
UPDATES
ThoughtSpot may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, and other error corrections and/or new features (collectively, including related documentation, ”Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that ThoughtSpot has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this TOU.
DATA PRIVACY
The Application may collect information about your use of the Application, including technical and telemetry information you provide directly or through automated means, including device and operating system identification, login credentials, language, and time zone. ThoughtSpot may use this information for the purposes specified in the Privacy Statement located at https://www.thoughtspot.com/legal. If you do not agree to such data collection, transfer, processing, and storage, your remedy is to remove and destroy all copies of the Application in your possession.
RESPONSIBILITIES
THOUGHTSPOT DISCLAIMS RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THIS APPLICATION. THOUGHTSPOT DISCLAIMS TO THE FULLEST EXTENT PERMITTED, ALL GUARANTEES AND EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND ANY WARRANTIES REGARDING THE AVAILABILITY, SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THIS APPLICATION. YOU DOWNLOAD AND USE THIS APPLICATION AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR HARDWARE DEVICES, SOFTWARE, OR LOSS OF DATA THAT RESULT FROM USE OF THIS APPLICATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, BUT IN NO EVENT SHALL THE MARKETPLACES BE RESPONSIBLE FOR ANY WARRANTIES. IN THE EVENT OF ANY FAILURE OF THE APPLICATION TO CONFORM TO ANY APPLICABLE WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MARKETPLACES WILL HAVE NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPLICATION, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE THE SOLE RESPONSIBILITY OF THOUGHTSPOT. TO THE EXTENT YOU HAVE ANY CLAIM ARISING FROM OR RELATING TO YOUR USE OF THE APPLICATION, THOUGHTSPOT, NOT THE MARKETPLACE, IS RESPONSIBLE FOR ADDRESSING ANY SUCH CLAIMS, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: (I) ANY PRODUCT LIABILITY CLAIM; (II) ANY CLAIM THAT THE APPLICATION FAIL TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; AND (III) ANY CLAIM ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION. NOTHING IN THIS TOU SHALL BE DEEMED AN ADMISSION THAT YOU MAY HAVE SUCH CLAIMS.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT MANDATED BY LAW, IN NO EVENT WILL THOUGHTSPOT AND ITS LICENSORS BE LIABLE FOR ANY LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE PRECEDING LIMITATION MAY NOT APPLY TO YOU. THOUGHTSPOT’S AND ITS LICENSORS’ LIABILITY UNDER THIS TOU WILL NOT, IN ANY EVENT, EXCEED $10 USD. THE FOREGOING LIMITATIONS WILL APPLY REGARDLESS OF WHETHER THOUGHTSPOT OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. FURTHERMORE, YOU AGREE THAT THOUGHTSPOT ASSUMES NO RESPONSIBILITY FOR THE CONTENT YOU SUBMIT OR MAKE AVAILABLE THROUGH THE APPLICATION. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS TOU OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THOUGHTSPOT’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THOUGHTSPOT, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THOUGHTSPOT, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS.
INDEMNITY
You will indemnify and hold harmless ThoughtSpot from any claim made by any third party due to or arising directly or indirectly out of your conduct or in connection with your use of the Application, violation of the terms herein, or any violation of any applicable law or regulation (collectively, “Claims”). ThoughtSpot reserves the right, at its own expense, to participate in the defense of any Claim, but doing so will not excuse your indemnity obligations. You will not do the following without ThoughtSpot’s prior written consent: (a) settle any Claims for which you have an obligation to indemnify pursuant to this TOU; or (b) admit to liability or fault or create any obligation on behalf of ThoughtSpot as part of a settlement of a Claim.
EXPORT CONTROL
The Application may be subject to United States export control regulations. Without prior authorization from the United States government, you shall not use the Application for, and shall not permit the Application to be used for, any purposes prohibited by United States law, including, without limitation, for any prohibited development, design, manufacture or production of missiles or nuclear, chemical or biological weapons. Without limiting the foregoing, you hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the U.S. Code of Federal Regulations; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
CHANGES TO THIS TOU
ThoughtSpot reserves the right to modify this TOU at any time and for any reason. ThoughtSpot will post the most current version of this TOU at https://www.thoughtspot.com/legal. Notwithstanding the foregoing, you are responsible for complying with the updated terms posted online at ThoughtSpot’s website even if these updated terms appear online at ThoughtSpot’s website before being posted on the Application. Your continued use of the Application after ThoughtSpot publishes notice of changes to this TOU indicates your consent to the updated terms. If you do not agree to any updates, you should stop using the Application.
TERM AND TERMINATION
This TOU, as may be updated from time to time, will commence on the date you: (a) begin using, installing, or accessing the Application; or (b) click to accept this TOU, and will continue until terminated in accordance with this Section. You may terminate this TOU at any time, for any or no reason, by immediately ceasing your use of the Application. If you commence using the Application again, you are consenting to this TOU. ThoughtSpot may, in its sole discretion, suspend or terminate this TOU immediately: (a) if ThoughtSpot suspects you are in breach of this TOU; (b) if ThoughtSpot determines that you are engaged in activity that is suspected or actually fraudulent, illegal, or otherwise malicious or fails to comply with applicable law; (c) causes a significant risk of reputational harm to ThoughtSpot; or (d) to prevent harm to the security, stability, availability, or integrity of the ThoughtSpot Service.
MISCELLANEOUS
The contracting party is ThoughtSpot, Inc., 444 Castro Street, Suite 1000, Mountain View, California 94041, USA. You agree that this TOU will be governed by the laws of the State of California, USA, without regard to its conflicts of law provisions. You and ThoughtSpot agree to submit to the exclusive jurisdiction and venue of the courts located within the County of Santa Clara, California, USA to resolve any legal matter arising from this TOU. This TOU is not governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Direct any questions, complaints, or claims to [email protected]. This TOU represents the entire agreement between the parties with respect to the Application and supersedes any prior or contemporaneous oral or written agreements concerning the subject matter contained herein. Headings under this TOU are intended only for convenience and will not affect the interpretation of this TOU. No failure of either party to exercise or enforce any of its rights under this TOU will act as a waiver of those rights. This TOU may only be modified, or any rights under it waived, by a written agreement executed by the party against which it is asserted. If any provision of this TOU is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of this TOU will not be affected. Any translation of this TOU is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this TOU will govern.