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DataStax Astra Block Terms

Product Terms · Last Updated Date: 
February 06, 2023

These DataStax Astra Block Terms (“Terms”) are part of your customer agreement (the “Agreement”) between the person or entity agreeing to these terms (“Customer” or “You”), and DataStax, Inc., a Delaware corporation. The Agreement includes all of the applicable terms stated in these Terms, and any other documents or terms expressly incorporated into this Agreement by reference.

These Terms take effect when you click the“I Accept” button or checkbox presented with these terms or, if earlier, when you first use the DataStax Astra Block (“Astra Block”). You represent to us that you are lawfully able to accept and enter into these Terms and you are authorized to bind you or the Customer entity in respect to the Agreement. Astra Block requires an active Astra account, which is subject to the Agreement. In interpreting this Agreement, these Terms, the terms applicable to use of DataStax Astra products and services, and any other documents, terms, or agreements shall take precedence in that order in the event of a conflict, to the extent of the conflict.

1. Astra Block

Astra Block is a blockchain data service that leverages different public blockchains (such as Ethereum) to provide decoded blockchain data in a human-readable format. Astra Block is separate and distinct from your other DataStax Astra products. Astra Block is a data feed accessible from your Console and enables you to access the feed via your Astra products. Charges for Astra Block are incurred on a consumption basis and will be billed according to the then-current applicable price list as set forth on the Astra Pricing Page.

2. Customer Acknowledgements and Responsibilities.

  1. Astra Block is based on emerging technologies that are currently generally unregulated. DataStax has no control over the data feeds inputted into the Astra Block. In particular, You understand that DataStax does not (i) operate any of the blockchain protocols, (ii) communicate or execute protocols, (iii) approve or process blockchain transactions on behalf of You or anyone else; and (iv) control the cost and speed of any blockchain.
  2. In connection with your use of Astra Block, You will not upload, store or utilize any Regulated Data with the Product. “Regulated Data” means (i) any data that constitutes personal information under any applicable law, rule or regulation, (ii) Protected Health Information as defined under the Health Insurance Portability and Accountability Act of 1996 or (iii) any other data that if inadvertently disclosed, would trigger data breach notification laws.
  3. YOU UNDERSTAND THAT THE BLOCKCHAIN AND RELATED TECHNOLOGIES PRESENT THEIR OWN RISKS OF USE, INCLUDING, BUT NOT LIMITED TO, MARKET VOLATILITY RISK, TECHNICAL AND SOFTWARE RISK, REGULATORY RISK AND CYBERSECURITY RISKS, AND THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF ASTRA BLOCK AND ANY TRANSACTIONS THAT YOU ENGAGE IN WITH REGARD TO OR IN CONNECTION WITH ASTRA BLOCK. BY USING THE BLOCK DATA YOU EXPLICITLY ACKNOWLEDGE AND ACCEPT THESE HEIGHTENED RISKS.

3. Use Guidelines.

In addition to any restrictions in the Agreement, Customer shall comply with all applicable laws, rules, and regulations in its use of Astra Block. Customer shall, and shall ensure that it will use Astra Block solely for Customer’s internal business purposes as contemplated by the Agreement and these Terms and shall not:

  1. interfere with or disrupt the integrity or performance of Astra Block or disrupt any servers or networks connected to Astra Block, or disobey any requirements, procedures, policies or regulations of networks connected to Astra Block;
  2. remove, alter or obscure any proprietary notices associated with Astra Block;
  3. attempt to probe, scan, or test (including without limitation stress testing or penetration testing) the vulnerability of any system or network associated with Astra Block or breach any security or authentication measures; or
  4. utilize Astra Block in order to (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful, unsafe, malicious, abusive or tortious material, including material harmful to children or violative of third party privacy rights; or (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs or plant malware on computer systems, or otherwise use Astra Block to attempt to upload and/or distribute malware.

4. External Sites. Astra Block may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

5. SLA. Notwithstanding anything to the contrary in the Agreement, Astra Block is provided with no service level agreement. Customer’s sole and exclusive remedy and DataStax’s sole and exclusive obligation, for any failure to provide Astra Block are for Customer to terminate use of Astra Block.

6. Termination, Modify We may terminate or suspend your access to our Astra Block immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Further, DataStax reserves the right to enhance, modify, or discontinue Astra Block without providing prior written notice to Customer. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of Astra Block.

7. Customer Indemnity. Notwithstanding anything to the contrary in the Agreement, Customer will defend, indemnify, and hold harmless DataStax, our affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to any claim concerning: (a) Customer or its end users use of the Astra Block; and (b) breach of this Agreement or violation of applicable law by Customer or its end users.

8. Disclaimers, Limitation of Liability.

  1. Notwithstanding anything to the contrary in your Agreement, this section 8 applies to Customer’s use of Astra Block and any derivatives thereof.
  2. Disclaimer: No Warranty, No Indemnity, No Liability. ASTRA BLOCK IS PROVIDED ‘AS IS’ AND WITHOUT ANY WARRANTY OR INDEMNITY OF ANY KIND, AND WITHOUT THE RIGHT TO SUPPORT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AGREEMENT, DATASTAX SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH CUSTOMER’S USE OF ASTRA BLOCK. EXCEPT TO THE EXTENT PROHIBITED BY LAW, OR TO THE EXTENT ANY STATUTORY RIGHTS APPLY THAT CANNOT BE EXCLUDED, LIMITED OR WAIVED, DATASTAX AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES (I) OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, (II) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, (III) THAT ASTRA BLOCK DATA WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND (IV) THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTRACT IN THE AGREEMENT, DATASTAX SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH CUSTOMER’S USE OF ASTRA BLOCK.
  3. YOU AGREE THAT YOU ALONE, AND NOT DATASTAX, IS RESPONSIBLE FOR ANY TRANSACTIONS THAT YOU ENGAGE IN WITH REGARD TO ASTRA BLOCK. YOU AGREE THAT DATASTAX IS NOT RESPONSIBLE FOR THE REGULATORY STATUS OR TREATMENT OF ANY DIGITAL ASSETS THAT YOU MAY ACCESS OR TRANSACT WITH USING ASTRA BLOCK. YOU EXPRESSLY ASSUME FULL RESPONSIBILITY FOR ALL OF THE RISKS OF ACCESSING AND USING ASTRA BLOCK TO INTERACT WITH BLOCKCHAIN PROTOCOLS.
  4. If any provision hereof becomes invalid, such invalidity shall not affect the legality and validity of the remaining provisions hereof.