Last Updated: January 13, 2022

This Yugabyte University Terms of Service Agreement (“Agreement”) contains the terms and conditions governing your access to and use of the Yugabyte University education services offered at https://university.yugabyte.com and all Yugabyte intellectual property, digital badges, professional certifications and other materials available through that site (“Yugabyte University”). It is an agreement between Yugabyte, Inc. (“Yugabyte”, “we,” “us,” or “our”) and you or the entity you represent (“you,” “your,” or “Customer”). The Agreement takes effect when you click the checkbox stating “I have read and agree to the Terms of Use” button presented with these terms, or by using or accessing Yugabyte University (“Effective Date”). If you are accepting on behalf of Customer, you represent and warrant that (i) you have full legal authority to bind Customer to this Agreement; (ii) you have read and understand this Agreement; and (iii) you agree, on behalf of Customer, to this Agreement.

  • 1.     EDUCATION SERVICES
    • 1.1.    Access and Use License.
      • 1.1.1.   Subject to the terms and conditions of this Agreement, Yugabyte grants to Customer a non-exclusive, non-sublicensable, non-transferable, right during the Term to access and use Yugabyte University and Course Content solely for Customer’s own benefit or the sole benefit of Customer’s organization. “Course Content” means all Yugabyte University courses or other material available on Yugabyte University, including but not limited to online lectures, speeches, video lessons, e-learning interactions, presentation materials, labs, solutions, code examples, images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, and HTML files.
      • 1.1.2.   Login Credentials. To access Yugabyte University, you must register and set up an authorized account with any passwords, authentication keys, and security credentials that enable your access to Yugabyte University (“Login Credentials”). You shall keep your Login Credentials confidential. You will keep your registration information accurate, complete, and current as long as you continue to use Yugabyte University. You are responsible for any use that occurs under your Login Credentials. If you believe an unauthorized user has gained access to your Login Credentials, you shall notify Yugabyte immediately. Neither Yugabyte or its service providers are responsible for any unauthorized access to or use of your account.
    • 1.2.    Ownership. The Course Content is licensed, not sold, and you receive no title to or ownership of any copy of the Course Content. Yugabyte shall retain all right, title, and interest, including all intellectual property rights, in and to the Course Content. You acknowledge that any symbols, trademarks, tradenames, copyrights, and service marks adopted by Yugabyte to identify the Course Content belong to Yugabyte and that you shall have no rights therein. You shall not remove, efface, or obscure any copyright or trademark notices from the Course Content.
    • 1.3.    No Taping or Digital Recording. Yugabyte strictly prohibits the taping or digital recording of the Yugabyte University courses by persons or entities other than Yugabyte. You are not granted the permission to rebroadcast the audio or video recordings of our Yugabyte University courses. In the event Yugabyte makes a recording available to you, Yugabyte remains the sole and exclusive owner of such material.
    • 1.4.    Changes. Yugabyte may change or discontinue Yugabyte University, Course Content, or components thereof at its sole discretion. We will provide you prior notice if we make any modifications that have a material adverse effect on the functionality of Yugabyte University, except that such notice will not be required for violations or suspected violations of this Agreement or applicable laws, or security or intellectual property issues.
    • 1.5.    Restrictions. Customer may only use Yugabyte University and the Course Content as described in this Agreement and will not:
      • 1.5.1.   assign, sell, resell, sublicense, lease or the functional equivalent, or otherwise distribute or make available Yugabyte University or Course Content to a third party;
      • 1.5.2.   copy, modify, alter, create derivative works of, attempt to reverse engineer, disassemble, or decompile Yugabyte University or Course Content;
      • 1.5.3.   attempt to create a substitute or similar service through use of, or access to, Yugabyte University;
      • 1.5.4.   store, process, or transmit any Customer data that is controlled for export under Export Control Laws;
      • 1.5.5.   circumvent any Yugabyte University security measures or perform any security testing meant to uncover weaknesses in Yugabyte University;
      • 1.5.6.   use Yugabyte University on behalf of or for the benefit of any entity or person who is prohibited from using the Services by applicable laws or regulations; or
      • 1.5.7.    use the Yugabyte University in violation of the Acceptable Use Policy.
    • 1.6.    No Support. Nothing in this Agreement shall obligate Yugabyte to provide any support of any kind for Yugabyte University or Course Content.
    • 1.7.    Feedback License. Customer agrees that any feedback or suggestions (“Feedback”) (if any) given hereunder is voluntary. Yugabyte is free to use, disclose, reproduce, license or otherwise distribute the Feedback relating to its products and services, without any obligations or restrictions of any kind, including intellectual property rights.
  • 2.     LEARNING MANAGEMENT AND LEARNING ASSESSMENT.
    • 2.1.    Your Account information will be collected and hosted by a third-party learning management system. When you take a certification exam(s), your answers and results may be collected by our learning management system.
    • 2.2.    Certifications and Digital Badges
      • 2.2.1.   Certification exams are remotely proctored and delivered online. Candidates are responsible for ensuring they meet the minimum system and test environment requirements outlined at the time of registration. Failure to meet the minimum system and test environment requirements will result in forfeiting the exam attempt. Certification exams may be locked after successive failed attempts to ensure that you take the time required to learn everything necessary for the completion of the Yugabyte University Courses.
      • 2.2.2.   If you complete the course and achieve a passing grade on your certification exam(s) and you wish to obtain a digital badge or certificate (the “Certificate”), you will need to create an account with our certificate provider. Our learning management system provider may share your personal information with our certificate and directory management provider(s) in order to provide you with a more seamless registration and user experience. You may be prompted or required to enter additional information, including your name, certification type, address, social media profile addresses, a short biography, a photo of yourself, as well as other education, employment history and similar information.
      • 2.2.3.   Cancellation Policy. Certification Exam fees are non-refundable. Certification Exams may be rescheduled with the exam provider up to 24 hours prior to the scheduled exam session.
      • 2.2.4.   Expiration Policy. Certification Exams must be taken within 90 calendar days of the date of purchase or the voucher issuance. Certification Exam purchases and voucher expiration dates may not be extended. Failure to attend an exam or arrive by the designated start time will result in forfeiting the exam session and fees.
      • 2.2.5.   Academic Integrity. You are expected to complete any labs, quizzes, and exams independently. If you are found to have committed plagiarism or found cheating, you will be removed from the course and will not be awarded certification. You are prohibited from distributing and posting labs, quizzes, exam questions, exam answers, and Course Content online in any form. If you fail to adhere to this policy, you will not receive your certification and will be removed from the Yugabyte University.
    • 2.3.   Course Content Modifications. Yugabyte University courses and other materials appearing on Yugabyte University could include technical, typographical, or photographic errors. We will use commercially reasonable efforts to correct such errors that we become aware of. Yugabyte reserves the right to change the Yugabyte University courses from time to time due to obsolescence or to correct known issues. You are not entitled to any future Course Content releases. Yugabyte reserves the right to automatically enroll you in any Yugabyte University course.
    • 2.4.   Yugabyte reserves the right to exclude you from attending any or all Yugabyte University courses due to disorderly conduct or failure to observe any of course rules of participation. Customer to fulfill the course prerequisites as communicated by Yugabyte. Yugabyte reserves the right to exclude any Customer who does not fulfill such prerequisites.
  • 3.     USER CONTENT. Yugabyte University courses and other parts of the website may provide you with the ability to upload forum posts, user discussions, profile pages, and other content and media for social interaction, or certain information and materials for use with Yugabyte University(collectively, “User Content”). You hereby grant Yugabyte an irrevocable, worldwide, perpetual, royalty free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display your User Content as part of Yugabyte University or otherwise exploit the User Content, with the right to sublicense such rights (to multiple tiers), for any purpose (including for any commercial purpose). By submitting User Content, you acknowledge that: (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, and (b) communications are not pre-reviewed, post-reviewed, screened, archived or otherwise monitored by Yugabyte in any manner, though Yugabyte reserves the right (but is not obligated) to do so at any time at its sole discretion. To the extent that you provide any User Content, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content and permit Yugabyte to use such User Content as provided above, and (b) such User Content does not and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation or unfair business practices. With respect to any submissions of User Content, you agree to comply with all applicable laws and rules including but not limited to rules regarding online conduct and acceptable content.
  • 4.     PRIVACY & SUBPROCESSORS
    • 4.1.    The Yugabyte Privacy Policy (https://www.yugabyte.com/privacy-policy/), the privacy policy of our learning management system provider, the privacy policy of our learning content provider, the privacy policy of our student survey provider, and the privacy policy of our certificate provider further explain how your personal information is collected, used and disclosed when you use Yugabyte University.
    • 4.2.    Consent to Subprocessor Engagement. Customer generally authorizes Yugabyte to engage Subprocessors in connection with the Processing of Customer data for the performance of the Agreement. Yugabyte will maintain a list of its Subprocessors at the following URL: https://www.yugabyte.com/yugabyte-university-subprocessors/, and will add the names of new and replacement Processors as applicable from time to time. Yugabyte shall inform Customer of its intention to engage any new or replacement Subprocessors in writing at least fifteen (15) days in advance of the date of the intended commencement of the engagement. Customer may object to such intended engagement by giving written notice at the latest ten (10) days in advance of the date of the intended commencement of the engagement. If Customer objects to Yugabyte’s appointment of a Subprocessor on reasonable grounds relating to the protection of Personal Information, then either Yugabyte shall not appoint the Subprocessor to Process Customer Data or Customer may elect to suspend or terminate this DPA. In all cases, Yugabyte shall impose substantially similar data protection terms on any Subprocessor it appoints as those provided for by this Agreement, and Yugabyte shall remain fully liable for any breach of this Agreement that is caused by an act, error, or omission of Subprocessor.
  • 5.     TERM AND TERMINATION
    • 5.1.    Term. The term of this Agreement commences when you create an account and continues until terminated in accordance with this Agreement (“Term”).
    • 5.2.    Termination or Suspension. Yugabyte reserves the right to cancel, and/or reschedule any of the published Yugabyte University courses. You may terminate the Agreement at any time by cancelling your account. Yugabyte, in its sole discretion, may limit, suspend, or terminate your use of all Services, such as access to certifications, for any reason or no reason, including, without limitation, if Yugabyte believes that you have: (a) violated or acted inconsistently with the Terms of Use; (b) infringed the intellectual property rights of Yugabyte or of a third party; or (c) posted, uploaded or transmitted unauthorized content to the Sites. Any deactivation or termination of your access to the Yugabyte University may be affected without prior notice to you and Yugabyte shall not be liable to you nor any third party for any termination. Yugabyte reserves the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Services, or any part or portion thereof, with or without notice to you.
    • 5.3.    Effect of Termination or Suspension. Upon the termination or suspension of this Agreement: (a) Customer’s access to and use of Yugabyte University and other services, as applicable, will immediately cease. Yugabyte’s suspension of Customer’s use and access of Yugabyte University is without prejudice to Yugabyte’s right to termination, and Yugabyte may reinstate access and use following acceptable resolution of the issue that caused the suspension. Upon termination of this Agreement, except for Yugabyte’s rights with respect to disaster recovery or archival, each party shall remove all copies of the other party’s data.
  • 6.     CONFIDENTIAL INFORMATION
    • 6.1.    Definition. “Confidential Information” means information, software, Course Content, and any other materials provided by Yugabyte to you, including any software, information, and materials of third parties, which are in tangible form and marked or designated as “confidential,” “proprietary,” or with a similar term or designation, or that would reasonably be regarded as being confidential by its nature. The following information shall be considered Yugabyte Confidential Information whether or not marked or identified as such: Course Content, login credentials, software, technical information, and documentation relating to the Yugabyte University that is not otherwise made generally available to the public by Yugabyte.
    • 6.2.    Protection. Yugabyte may use your Confidential Information: (i) to exercise its rights and perform its obligations under this Agreement; or (ii) in connection with the parties’ ongoing business relationship. The receiving party will not use any Confidential Information of the disclosing party for any purpose not expressly permitted by this Agreement, and will disclose the Confidential information of the disclosing party only to the receiving party’s employees or contractors who have a need to know that Confidential Information and who are under a duty of confidentiality no less restrictive than the receiving party’s duty under this Agreement. The receiving party will protect the disclosing party’s Confidential Information from unauthorized use, access, or disclosure in the same manner as the receiving party protects its own confidential or proprietary information of a similar nature but with no less than reasonable care.
    • 6.3.    Exceptions. The receiving party’s obligations under this Section with respect to any of the disclosing party’s Confidential Information will terminate if the receiving party can show through written records that such Confidential Information was: (a) rightfully in the receiving party’s possession without prior obligation of confidentiality from the disclosing party; (b) a matter of public knowledge (or becomes a matter of public knowledge other than through a breach of confidentiality by the other party); (c) rightfully furnished to the receiving party by a third party without a confidentiality restriction; or (d) independently developed by the receiving party without reference to the disclosing party’s Confidential Information. In addition, the receiving party will be allowed to disclose the disclosing party’s Confidential information to the extent that the disclosure is required by law or by order of a court or similar judicial or administrative body, provided that the receiving party notifies (to the extent permitted by law) the disclosing party of that required disclosure promptly and in writing and cooperates with the disclosing party, at the disclosing party’s request and expense, in any lawful action to contest or limit the scope of that required disclosure.
  • 7.     NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YUGABYTE PROVIDES YUGABYTE UNIVERSITY AND COURSE CONTENT WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR COMMUNICATION WITH YOU, AND YUGABYTE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE REGARDING OR RELATING TO YUGABYTE UNIVERSITY, COURSE CONTENT, OR ANY MATERIALS FURNISHED OR PROVIDED TO YOU UNDER THIS AGREEMENT. YUGABYTE DOES NOT WARRANT THAT YUGABYTE UNIVERSITY AND COURSE CONTENT WILL OPERATE OR BE ACCESSIBLE UNINTERRUPTED, OR THAT YUGABYTE UNIVERSITY AND COURSE CONTENT WILL BE FREE FROM DEFECTS OR THAT YUGABYTE UNIVERSITY AND COURSE CONTENT WILL MEET (OR ARE DESIGNED TO MEET) YOUR BUSINESS REQUIREMENTS.
  • 8.     LIMITATION OF LIABILITY.
    • 8.1.    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN NO EVENT WILL YUGABYTE BE LIABLE TO CUSTOMER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, FOR ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ITS SUBJECT MATTER (INCLUDING THE THIRD PARTY SERVICES), WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    • 8.2.    Notwithstanding anything to the contrary in this Agreement, no damages payable by Yugabyte will exceed One Hundred U.S. Dollars (USD$100.00). Nothing in this Agreement limits either Party’s liability for: (i) fraud or fraudulent misrepresentation; (ii) death or personal injury caused by negligence, gross negligence or intentional misconduct; or (iii) any liability which cannot legally be limited.
  • 9.     GENERAL
    • 9.1.    Entire Agreement; Severability; No Waiver. This Agreement contains the entire understanding between the parties, supersedes any prior or contemporaneous communications, understandings or agreements with us regarding the subject matter of this Agreement, and may be amended only by a written document signed by both parties. If any part of this Agreement is held unenforceable, the validity of the remaining provisions shall not be affected. No failure to enforce any term of this Agreement shall be deemed a waiver unless expressly agreed to in writing.
    • 9.2.    Choice of Law. This Agreement is governed and interpreted by California law. Any lawsuit arising directly or indirectly out of this Agreement shall be litigated in the Superior Court of Santa Clara, California or, if original jurisdiction can be established, in the United States District Court for the Northern District of California. We may seek injunctive relief in a state, federal, or national court where there is actual or alleged infringement of intellectual property or proprietary rights, or confidentiality violations. The U.N. Convention on Contracts for the International Sale of Goods does not apply.
    • 9.3.    Notice. All notices and other communications required or permitted to be given under this Agreement shall be in writing and in the English language. Customer consents to receive in-system account notifications and email communications (which shall be deemed received upon sending), including marketing communications regarding Yugabyte products and services, but may opt-out of marketing communications communications by sending an email to [email protected] Customer must provide notice under this Agreement to [email protected] or by mail to Yugabyte, Inc., 100 S. Murphy Avenue, Suite 200, Sunnyvale, CA 94086, Attn: Legal Department.
    • 9.4.    Force Majeure. Yugabyte and its Affiliates will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control, including without limitation, pandemics, fire, explosion, flood, earthquake or other natural disasters, wars, acts of terror. embargo, riot, unavailability of utilities or raw materials, Internet delays and failures, telecommunications failures, unavailability of components, labor difficulties, export control regulation, laws, judgments, or the intervention of any government authority.
    • 9.5.    Amendments. Yugabyte may modify this Agreement at any time by posting the revised version to the Yugabyte University website with a new date as set forth above and/or notifying you, which modified terms will become effective upon posting or as set forth in the email communication become effective upon posting or, if we notify you by email, as stated in the email message. By continuing to use Yugabyte University thereafter, Customer agrees to be bound by the modified terms. Please check the Yugabyte University website regularly for updates to this Agreement.
    • 9.6.    Miscellaneous. Some or all of Yugabyte University or Course Content may be provided by Yugabyte’s Affiliates, agents, subcontractors and information system vendors. The rights and obligations of Yugabyte may be, in whole or in part, exercised or fulfilled by the foregoing entities. The Parties are independent contractors. Customer shall not assign or transfer any rights under this Agreement or delegate any of its duties under this Agreement without Yugabyte’s prior written consent, and any such action in violation of this provision, is null and void, of no force, and a breach of this Agreement. Yugabyte may assign or transfer this Agreement to any successors-in-interest to all or substantially all of the business or assets of Yugabyte whether by merger, reorganization, asset sale or otherwise, or to any Affiliates of Yugabyte, and this Agreement shall inure to the benefit of and be binding upon the respective permitted successors and assigns. Nothing in this Agreement shall bar Yugabyte from entering into similar agreements with other parties.