Terms of Service

If User has entered into an Order Form with Ververica GmbH that includes a subscription for Ververica Cloud Bring Your Own Cloud Services offering, User’s access to and use of the BYOC Services (as defined below) is governed by these BYOC Terms of Service (“BYOC Terms”), which apply in addition to the general Ververica Terms of Service (the “Terms”) and are incorporated into the Agreement by and between User and Ververica GmbH. All capitalized terms used herein without definition will have the same meanings set forth in the Terms.

Ververica GmbH and User agree as follows:

1. DEFINITIONS

   For the purposes of these Ververica Cloud Bring You Own Cloud Terms, the below terms are defined as follows:

   1. “BYOC Services” means Ververica Cloud Bring Your Own Cloud Services.
   2. “Cloud Environment” means a cloud environment hosted by a Supported Cloud Provider.
   3. “Supported Cloud Provider” means a third party cloud hosting or similar services provider approved and supported by Ververica GmbH.
   4. “Agent Service” means a service that connects from User’s Cloud Environment to Veverica Cloud. Agent service is used to manage Ververica services running in User’s Cloud Environment and is managed by User via helm/kubectl tooling.
   5. “Ververica Software” means Ververica BYOC Services software packages, distributed via public Ververica software repository to be deployed in User’s Cloud Environment.

2. GENERAL

   1. If set forth on an applicable Order Form, in order to enhance User’s use of the Software, User hereby enters into a subscription for BYOC Services. User shall provision the Software in the User’s Cloud Environment with sufficient access to allow Ververica to access, manage, provision and monitor the Software. Subject to User’s compliance with the Agreement and payment of all applicable fees, Ververica will use commercially reasonable efforts to access the Software and provide to Users the BYOC Services as set forth in the applicable Order Form, which shall consist generally of Ververica providing to User solely through the User’s Cloud Environment, the Support Services, upgrading of the Software.

3. USER RESPONSIBILITIES

   1. User acknowledges and agrees that User is responsible for assuring that Ververica has timely access to the User’s Cloud Environment for the software stated in related Ververica Documentation, including all applicable credentials for accessing Supported Cloud Provider Services and that User, and not Ververica, shall be solely responsible and liable for any delay in implementation, deployment or performance of BYOC Services that is caused to any extent by User’s delay or failure to provide such access.
   2. User acknowledges and agrees that User is responsible for:
      1. securing the User’s Cloud Environment;
      2. backing up and securing User’s data under User’s control within the User Cloud Environment;
      3. management and upgrades of Ververica Agent Service as per Ververica Documentation release lifecycle policies or in case of any emergency, industry-level vulnerability;
      4. managing all Cloud Resources in User’s Cloud Environment as specified via Ververica Documentation;
      5. making sure there is enough User Cloud allocated resources; and
      6. making sure there is no alternation nor changes to Ververica Software in User’s Cloud Environment, unless expressly permitted by Ververica.

4. VERVERICA RESPONSIBILITIES

   1. 4.1 Ververica acknowledges and agrees that, as between the Parties and except to the extent caused by the action or intentional or negligent inaction of User or User’s users, including without limitation any customizations or configurations of the Software by User or anything specified to be User’s responsibility, Ververica is primarily responsible for:
      1. the operation of elements of the Ververica Services residing within the Ververica Cloud Environment, excluding the Agent Service and
      2. implementing reasonable technical and organizational measures designed to protect the security of the foregoing.

5. SHARED RESPONSIBILITIES MODEL

   1. User acknowledges that the BYOC Services are implemented in a manner that divides the responsibility for the Software between the User’s Cloud Environment and the Ververica Cloud Environment, and that accordingly each Party must undertake certain technical and organizational measures in order to protect the Software, the Services and User’s data in accordance with this Section 5.
   2. This division of responsibility is described further in Ververica’s Shared Responsibility Model, and may be updated and amended from time to time. Without limiting the foregoing, User acknowledges and agrees that:
      1. in order to utilize the BYOC Services, User must have an account for Supported Cloud Provider Services;
      2. Ververica does not host the User’s Cloud Environment into which the Software is deployed or in which User’s data may be stored;
      3. the BYOC Services are not designed to archive or permanently retain User’s data, but merely to provide an environment to facilitate User’s processing of User’s data within the Users Cloud Environment;
      4. provision and maintain required access in regards to Users Cloud Resources and Ververica software to be deployed and managed within User’s cloud account per Ververica documentation.
      5. Ververica and the BYOC Services do not provide backup services or disaster recovery to enable recovery of User’s data. Accordingly, Ververica is not responsible for any loss, destruction, alteration, or corruption of User’s data, except to the extent caused by the gross negligence or willful misconduct of Ververica.

6. USERS DATA

   1. User understands and agrees that, in using the BYOC Services, User needs to provide necessary data to Ververica. The specific categories of data may be disclosed in the Ververica Documentation or separately notified to the User in actual scenarios. Ververica will use such data for the following purposes:
      1. providing User with safe and stable BYOC Services, such as troubleshooting or debugging for the BYOC Services;
      2. responding to User’s queries, feedback, claims or disputes;
      3. complying with applicable law, legal process, or lawful government request, or in respect of any claims or potential claims brought against Ververica or affiliates.
   2. If the aforementioned data includes personal data, you can refer to our Privacy Policy to understand how we use and protect user personal data. To avoid any doubts, Ververica is the controller of personal data only when it collects personal data and determines the purposes and means of processing that personal data. For example, when User register an account with us or provide contact information in order to receive customer support, we are the controller of that data. When User host their own services on Ververica Cloud, we act as a data processor with respect to that data.

7. SECURITY

   1. Ververica and User will, consistent with industry standard practices, implement and maintain administrative and technical safeguards and other security measures in respect of the BYOC Services.

8. EFFECT OF TERMINATION

   1. The terms of Sections 3 and 4 of these BYOC Terms will survive the expiration or termination thereof for any reason in accordance with their terms.