ThoughtSpot provides the Application to you “as is” and “as available.” The Application is not part of, nor covered under, the ThoughtSpot software or subscription service provided under a license or subscription agreement, including but not limited to, any support or response terms. ThoughtSpot may at any time terminate the availability of this Application without any liability to you or any third party.
If you have a support question regarding the Application, you may contact ThoughtSpot using the email provided on the Application listing in Google Workspace 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 as installed through Google Workspace only, and as permitted by the Google Terms of Service, Google Workspace Marketplace Terms of Service, and Program Policies between you and Google, Inc. The Application is licensed and not sold.
You shall not (and have no license to): (1) 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; (2) 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; (3) alter, modify, or create derivative works of the Application (including the underlying source code) in any way, including through customization, translation, or localization; (4) 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; (5) use the Application in any manner which violates any applicable law or regulation; or (6) remove or alter any trademark, logo, copyright, or other proprietary notices, legends, symbols, or labels in the Application.
ThoughtSpot owns all right, title, and interest in and to this Application, including intellectual property rights therein. All rights not expressly granted herein are reserved.
The Application may collect information about your use of the Application, including information you provide directly or through automated means, including geolocation data (if you choose to share it), device and software identification, login credentials, language and time zone. ThoughtSpot may use this information for the purposes specified in ThoughtSpot’s Privacy Statement.
The Application may contain or use location-based services. If you use or access such location-bases services in connection with the Application, you hereby consent to the collection, transmission and use of your location data by the Application.
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, SOFTARE, OR LOSS OF DATA THAT RESULT FROM USE OF THIS APPLICATION.
TO THE MAXIMUM EXTENT PERMITTED 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.
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 this Application, violation of the terms herein, or any violation of any applicable law or regulation. ThoughtSpot reserves the right, at its own expense, to assume the exclusive defense and control of any manner subject to indemnification by you but doing so will not excuse your indemnity obligations.
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 represent and warrant that: (1) you are not, and are not acting on behalf of, any person who is a citizen, national, or resident of, or who is controlled by the government of, Cuba, Iran, North Korea, Sudan, Syria, Crimea, or any other country to which the United States has prohibited export transactions; (2) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (3) you are not, and are not acting on behalf of, any person or entity listed on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons, or the U.S. Commerce Department Denied Persons List, Unverified List, or Entity List or any other U.S. Government list of prohibited or restricted parties unless authorized by license or regulation.
The contracting party is ThoughtSpot, Inc., 444 Castro St., Suite 1000, Mountain View, CA 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.