TERMS OF SERVICES

These terms of service (the “Terms” or “Agreement”) govern your (the “User” or “You”) use of Services (as defined below). If you reside in the United States, your Agreement is with Treeverse, Inc., a Delaware corporation, and if you reside outside of the United States, your Agreement is with Treeverse Labs Ltd. an Israeli company (Treeverse Inc., Treeverse Labs Ltd. and their affiliates, shall constitute the “Company”, “we,” or “us”) . By using the Services, you agree to be bound by these Terms. In case you are entering into this Agreement on behalf of another legal entity, such other legal entity shall be considered the User, and you represent that you have the power and authority to execute this Agreement for such entity. This Agreement is applicable whether Services are accessed through the Company’s website at demo.lakefs.io (the “Website”), or otherwise, and is effective User begins using the Services       (the “Effective Date”). Company may change these Terms by posting new terms, such terms shall be effective with respect of each User immediately once posted, and the User’s continued use of the Services after the last revised date will constitute acceptance of, and Agreement to be bound by those changes. If you do not agree to the new terms, you should not use and are free to discontinue using the Services.

1. General

This Agreement governs the User’s use of the “LakeFS” environment, a unique SaaS solution offered by the Company which provides data versioning and lifecycle management services on top of Amazon AWS, for a predefined duration of time as set forth below (the “Services”).

2. Grant of Rights

1. Subject to the terms of this Agreement and the User’s compliance with the terms hereof, Company hereby grants to User, solely for its internal business operations, a limited, non-exclusive, non-transferable, non-sub-licensable, revocable right during the applicable Term (as defined below) alone to access and use the Services.
2. Subject to and upon User’s acceptance of these terms and the Company’s privacy policy (which can be found at https://lakefs.io/demo-privacy-policy/, the “Privacy Policy”), Company shall provide each User with a limited access to the Services at a dedicated environment to such User on a trial basis at no charge, for a pre-defined period of 7 calendar days and subject to a limited amount of storage space as allocated by the Company in order to allow the User to evaluate the functionality of the Services (the “Free Trial”). Company reserves the right to modify, cancel and/or limit the functionalities available via the Free Trial, at its sole discretion, without notice at any time. Notwithstanding the foregoing, it is hereby clarified that any use of the Free Trial is not subject to the payment of any fees and therefore, will be made upon User’s sole and exclusive responsibility and liability, and entirely at User’s own risk. 
3. Users are not permitted (and shall not assist or authorize any others) to: (a) copy, reproduce, modify, create derivative works from, or download, all or any portion of the Services (including without limitation trademarks, service marks and logos contained in the Services (“Marks”); (b) decompile, reverse engineer or otherwise attempt to discover any source code from all or any part of the Services; (c) sell, rent, license, transfer or otherwise commercially exploit or dispose  of the Services; (d) obtain unauthorized access to the Services; (e) use the Services for advertising, solicitation, sale or dissemination of unsolicited messages or notices; (f) use the Services in order to create or disseminate any viruses, worms, trojan horses or other malicious software; (g) use or launch any data mining or any similar data gathering and extraction tools, in connection with the Services; (h) use the Services in any manner that damages, disables, overburdens, or impairs the Services, Company’s systems or servers, or the infrastructure on which the Services operate; (i) use the Services, or otherwise make available through the  Services, any unlawful, harmful, threatening, defamatory, discriminatory, offensive, obscene, infringing, and/or harassing content; (j) use the Services to infringe any right of the Company or of any third party; (k) use the Services in violation of any applicable laws and regulations; (l) access or attempt to access any of our systems, programs or data that are not made available for public use, or attempt to bypass any registration processes on the Services or any of the Services’ security and traffic management devices; (m) register to or use the Free Trial more than one term; and/or (n) attempt any of the foregoing.

3. User’s Obligations

Without derogating from any other obligation of the User pursuant to this Agreement, the User is responsible to: (a) meet any technical requirements for use of the Services, including without limitation, the requirements to maintain adequate operating system and network infrastructure, all as may be specified herein or in the Services’ documentation from time to time (User acknowledges that the Services may otherwise not be available, or may not operate properly); and (b) comply with all applicable laws in User’s use of the Services, including those related to data privacy, export control, international communications and the transmission of technical or personal data. User shall promptly notify Company of any breach of this Agreement of which it becomes aware. In the event of a breach of any User obligation under this Agreement, Company shall be entitled to suspend or refuse Users access to the Services or any portion thereof, block User’s access to User’s Account and/or terminate the Account, and/or terminate this Agreement in accordance with Section ‎10.

4. User Data

User represents and warrants that it has the adequate rights for (a) the submission of all data and content submitted by it through the Services, including without limitation any identifying or non-identifying information related to such User or third parties (such as, without limitation, any information of affiliated users within User’s organization which has been submitted by User or third parties information) (“User Data”) and for (b) any use or transfer hereunder to be made with respect to such User Data, including the right to grant the Company with right to access, process and use User Data pursuant to the terms hereof. User shall have the exclusive responsibility and liability for User Data and any of its own acts or omissions in respect thereof through the Services, including without limitation, for the legality, reliability, authenticity, integrity, accuracy, and completeness of the User Data it has submitted. 

1. User represents and warrants that User Data shall not (a) be false, misleading, untruthful or inaccurate, defamatory, trade libelous, unlawfully threatening or unlawfully harassing, harmful, abusive, vulgar, promote violence, racial hatred terrorism or illegal acts; (b) be fraudulent or involve the sale of illegal, counterfeit, stolen items or items which violate the Terms in any way; (c) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity; (d) violate any law, local, state, federal or international law, statute, ordinance or regulation; (e) contain software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Website or the Services; (f) create liability for the Company; and (f) lead the Company to violate any applicable law, statute, ordinance or regulation, or these Terms.
2. User shall indemnify and hold Company harmless for any failure to comply with User’s obligations or any breach of User’s warranties under this Agreement. While Company is not responsible to verify the accuracy or legitimacy of any User Data submitted through the Services, Company reserves the right to remove any User Data which it deems to be in violation with any of the terms set forth herein or applicable law, at Company’s sole discretion.
3. User gives its consent to Company, and grants Company with a worldwide, royalty-free, and non-exclusive license, to collect User Data submitted through the Services, store such User Data in the Company’s servers or third party’s external servers which are utilized for the provision of the Services, and to use such User Data solely as specified in the Company’s Privacy Policy. It is clarified that such permitted uses include, without limitation: (a) use in order to provide or improve the Services, (b) compiling of statistical information and insights related to the Services, its performance or its use, and use of such statistical information and insights (including without limitation public use in aggregated non identifying form), and (c) transferring User Data to a successor entity of Company by way of merger or acquisition of Company’s applicable assets, provided such successor entity will be bound by the requirements of this Agreement with respect to its use of such User Data. 

5. Confidentiality

1. Each party may be provided with, given access to, or exposed to, Confidential Information of the other party in connection with this Agreement. “Confidential Information” shall mean any information and data which should reasonably be assumed to be of a proprietary or confidential nature, whether in oral, written, graphic, machine-readable form, or in any other form, including but not limited to proprietary, technical, development, marketing, sales, pricing, operating, performance, cost, and business information, and all record bearing media containing or disclosing such information, which is disclosed or made available by one party to the other party pursuant to this Agreement. Without derogating from the generality of the foregoing, Confidential Information of the Company shall include the Marks, all non-public details, specifications, computer software and other information related to the Services, and the results of any performance tests of the Services and any output of the Services (excluding any User Data reflected in such output), and Confidential Information of the User shall include the User Data.
2. Notwithstanding the above, Confidential Information shall not however include any information that: (a) is or becomes publicly known other than through any act or omission of the receiving party; (b) was in the receiving party’s lawful possession before the disclosure (c) is lawfully disclosed to the receiving party by a third party without restriction on disclosure.
3. Each party shall hold the other party’s Confidential Information in strict confidence, shall not disclose or make such Confidential Information available to any third party other than as permitted herein or in the Privacy Policy, and shall not use such Confidential Information for any purpose other than for performing its obligations under this Agreement or as permitted in the Privacy Policy. Except for the limited use of Confidential Information and such other information and material authorised and approved by the disclosing party as provided for herein, no license or other rights to such Confidential Information and other information or material is granted or implied hereby. Notwithstanding anything to the contrary herein, either party may disclose Confidential Information of the other party if compelled to do so by a court or authority of competent jurisdiction, provided it provides the other party, to the extent legally permissible, reasonable notice of such disclosure and opportunity to attain a protective order or other remedy.
4. Each party shall be entitled to disclose the other party’s Confidential Information only to its officers, directors, employees and consultants (“Representatives”), on a need to know basis, provided that such Representatives are bound by confidentiality obligations at least as strict as those of this Agreement, and provided further that such party shall be responsible for and liable to any non-compliance with the requirements of this Agreement by such Representatives.

6. Proprietary Rights

1. Company retains all right, title and interest, including without limitation all patents, copyrights, trade secrets, trademarks, and any other intellectual property (whether registered or unregistered) in and to the Marks, the Services, the technology underlying the Services, any improvements, updates, upgrades, error-corrections or other modifications thereto made available by Company, any documentation of the Services made available by Company, and any derivative work based on any of the foregoing, including and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services. Except for the limited license expressly granted to User hereunder, this Agreement does not grant User any rights to Company’s intellectual property (including without limitation in any of the aforementioned items).
2. As between the parties, User retains all right, title and interest, including without limitation all patents, copyrights, trade secrets, trademarks, and any other intellectual property (whether registered or unregistered) to the User Data.

7. Third Party Services

1. User acknowledges that the Company utilizes certain third party services in order to make its own Services available, such as, without limitation, providers of hosting services for storage of User Data on external servers controlled by such third party providers, and that the continuing availability and access to the Services may be dependent on the continuing availability to Company of the applicable Third Party Services.
2. USER ACKNOWLEDGES THAT COMPANY DOES NOT CONTROL OR OPERATE THE THIRD-PARTY SERVICES, AND THAT COMPANY SHALL HAVE NO LIABILITY WHATSOEVER HEREUNDER WITH RESPECT TO OR IN CONNECTION WITH ANY THIRD PARTY SERVICES, OR WITH RESEPCT TO ANY WEBSITE OR APPLICATION OF A THIRD PARTY TO WHICH THE SERVICES LINK OR REFER (INCLUDING WITHOUT LIMITATION WITH RESPECT TO THE USE BY PROVIDERS OF THIRD PARTY SERVICES OF USER DATA).
3. The Company may, from time to time, at its sole discretion add or remove links and references to websites and applications of others. These links are provided solely as a convenience to you, and access to any such websites or applications is at your own risk. The Company encourages you to be aware when you leave the Services, and to read the terms and conditions and privacy policy of each other website and applications that you visit. The Company does not review, approve, monitor, endorse, warrant, or make any representations with respect to such websites or applications. In no event will the Company be responsible for the information contained in, transmissions received from, or your use of or inability to use, such websites or applications, or their practices.

8. Disclaimer

1. THE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SUBMISSION OF USER DATA BY USER OR OTHERS DOES NOT IMPLY ENDORSEMENT BY US OF THE USER DATA. WITHOUT LIMITING THE ABOVE, WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO (I) THE SERVICES MEETING YOUR REQUIREMENTS, OR BEING UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, OR ERROR OR VIRUS FREE; (II) WHETHER YOUR USE OF THE SERVICES OR THE USER DATA WILL GENERATE ANY RESULTS OR CONSEQUENCES, NOR IN TERMS OF THE CORRECTNESS, COMPLETENESS, AVAILABILITY, ACCURACY, RELIABILITY OR OTHERWISE, OR IN CONNECITON WITH SUBMISSIONS OR PREVENTTION OF UNAUTHORISED ACCESS, SHARING OR DOWNLOAD OF USER DATA; OR (III) YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION. YOUR USE OF THE SERVICES AND UPLOAD OF USER DATA, AND ANY ACTION OR INACTION BY USERS OF THE SERIVCE, ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING CONSEQUENCES.
2. User also acknowledges that the Services rely on the transfer of data over communications networks and facilities, and that the Services may be further subject to limitations, delays and other problems inherent in the use of such communications network and facilities. The Company cannot make any guarantee and will not be held liable for any service disruptions, whether temporary or not.

9. Limitation of Liability and Indemnification

1. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES  SHALL THE COMPANY BE LIABLE, WHETHER IN TORT, CONTRACT, OR ANY OTHER THEORY OF LAW, FOR ANY SPECIAL, DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER SIMILAR DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF BUSINESS, CORRUPTION OF DATA OR INFORMATION, ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT AND/OR THE SERVICES, EVEN IF THE COMPANY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.
2. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO EACH USER, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LAW, FOR ALL DIRECT DAMAGES THAT ARISE OUT OF ANY WILLFUL ACT BY THE COMPANY IN CONNECTION TO THIS AGREEMENT AND/OR THE SERVICES EXCEED ONE HUNDRED DOLLARS (100$). 
3. Any claim or cause of action arising out of or related to use of the Services or to the Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
4. User agrees to defend, indemnify and hold harmless the Company, including its Representatives, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) User’s  use or misuse of the Services; (ii) User’s (including User’s Data) violation of these Terms or breach of any applicable laws; (iii) User’s violation of any third party rights, including without limitation any intellectual property rights or privacy rights; and/or (iv) any damage of any sort, whether direct, indirect, special or consequential, User may cause to any third party in connection with the Services. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
5. Without derogating from the foregoing, the Company reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by User, which will not excuse User’s indemnity obligations hereunder and in which event User will fully cooperate with the Company in asserting any available defense. User agrees not to settle any matter subject to an indemnification by User without first obtaining the Company’s prior express written approval.

10. Term and Termination

1. This Agreement shall commence on the Effective Date and shall continue until the lapse of the Free Trial period, unless terminated in accordance with this Agreement (the “Term”). 
2. A User may terminate this Agreement by deleting its Account or providing written notice of termination to the Company and then ceasing all use of the Services, in which case the Agreement shall terminate immediately upon deletion or receipt of termination notice by the Company (as applicable). Company may, in its sole discretion, terminate the Agreement and/or cease providing the Services or any portion thereof, at any time for convenience or inability to continue providing the Services.
3. The Company may, in its sole discretion and without notice or liability to you or any third party, refuse Services or terminate the Services at any time, and may immediately suspend or terminate your account (if any) and block any and all current or future access to and use of the Services (or any portion thereof), without derogating from any other right or remedy that we may have by law, equity or otherwise. Grounds for such termination may include, but are not limited to, the Company determination that User’s have violated the letter or spirit of this Agreement, exceed the allocated storage space  or an infringement of the rights of others or any applicable laws or regulations.
4. Upon termination or expiration of this Agreement, for any reason whatsoever, all rights granted to User under this Agreement shall immediately terminate and User shall immediately cease any use of the Services. User acknowledges that following termination of the Agreement, THE USER DATA WILL BE IMMEDIATELY ERASED without any prior notification by the Company (and without any liability in connection therewith by the Company), and will no longer be available to User through the Services or otherwise made available to it by the Company. 
5. Any provision that by its nature is intended to survive termination or expiration, including without limitation Sections ‎3-10, ‎10.5, ‎11 and ‎12 of this Agreement, shall survive and not be affected by the termination of this Agreement.

11. Advertisement

By approving this Agreement, User also approves receipt from Company of instructional, advertisement, and promotional materials with respect to the Services through any media. Users may revoke their consent in the manner specified in each correspondence or by notifying Company of their revocation at the following e-mail address: hello@treeverse.io

12. Miscellaneous

1. The headings used in this Agreement are for convenience of reference only and shall not affect the interpretation or meaning of the terms and provisions of this Agreement.
2. This Agreement constitutes the entire agreement between the parties regarding the use of the Services, and supersedes any previous arrangement, understanding or agreement between the parties, written or oral, relating thereto.
3. No modification to this Agreement, nor any waiver of any rights, will be effective unless made in writing and signed by the applicable party.
4. Neither party’s waiver of any breach or default of any provision of this Agreement shall constitute a waiver of other provisions or any other right hereunder, or a waiver of any subsequent breach or default.
5. Unless expressly provided otherwise herein, all remedies hereunder are cumulative and do not exclude any other remedies available by law.
6. If any provision of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in full force and effect.
7. This Agreement does not confer any rights on any third party.
8. The parties expressly agree that they are independent contractors; and nothing in this Agreement is intended to or shall be interpreted to create a partnership or a joint venture between the parties, or authorize either party to act as agent for the other.
9. User shall not, without the prior written consent of the Company, assign this Agreement and/or any of its rights or obligations hereunder, and any unauthorized assignment shall be null and void. The Company may, at any time, freely assign, or sub-contract any or all of its rights or obligations under this Agreement.
10. Any disputes or claims arising out of or in connection with this Agreement and/or the Services, will be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflict of law principles. The parties irrevocably agree that the competent courts of New Castle County, Delaware shall have exclusive jurisdiction to settle any disputes or claims arising out of or in connection with this Agreement and/or the Services.
11. Any required or permitted notices hereunder must be given in writing (a) if to the Company, by e-mail to the following address:  support@treeverse.io by certified mail; and (b) if to User by e-mail to the e-mail address with which User registered for the Services. Notices will be deemed given within 1 business day from the delivery date if sent by e-mail.
12. Digital Millennium Copyright Act – Copyright Protection Notice.

1. 1. 1. The Company respects the rights of copyright owners and expect our users to the same. If you are a copyright work owner or an agent thereof, and you believe any content submitted to and hosted on the Service infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DCMA”), or any similar applicable laws for copyright protection by providing the Company’s Designated Copyright Agent with the following information in writing (“Notice”):
         1. sufficient details to enable identification of the copyrighted work that has been allegedly infringed, if multiple copyrighted works are claimed to be infringed, a representative list of such works;
         2. a description of where the content that you claim is infringing is located on the Company’s Services;
         3. your contact information at which you may be contacted (for example, your address, telephone number, and email address);
         4. a statement that you have a good faith belief that the use of the content identified in the Notice is not authorized by the copyright owner, its agent, or the law; and
         5. a statement, under penalty of perjury, that the information in the Notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.
         6. the physical or electronic signature of the owner of the allegedly infringed copyrighted work or any person authorized to act on behalf of such owner;
      2. Following receipt of your Notice, the Company will take whatever action, in its sole discretion, as it deems appropriate, including removal of the challenged content from the Service. The Company may ask you to provide further or supplemental information, prior to removing any content, as it deems necessary to comply with the provisions of the DMCA.
      3. It is the Company’s policy to respond only to Notices of alleged infringement that comply with the provisions of this section.
      4. The Company’s Designated Copyright Agent for notices of claims of copyright infringement may be reached as follows: support@treeverse.io

Attention: Copyright Agent, Treeverse Inc. .; OR by electronic mail at:

 This Agreement was last modified on January 30, 2022.

Copyright © 2022, Treeverse Inc. All rights reserved.