Last Updated: February 1, 2016
PLEASE READ THESE TERMS CAREFULLY. BY ACCEPTING THESE TERMS, EITHER THROUGH EXECUTING AN ORDER FORM THAT REFERENCES THESE TERMS OR CLICKING TO ACCEPT WHERE SUCH OPTION IS PRESENTED TO YOU, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, FULLY UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU ARE ENTERING INTO THESE TERMS ON BEHALF OF A COMPANY OR OTHER ENTITY YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH COMPANY TO THESE TERMS.
These Terms of Service (the “Terms”) are between you, or if accepting on behalf of an entity, such entity (“you”, “your”) and Treasure Data, Inc., having a principal place of business at 2565 Leghorn St., Mountain View, CA 94043 (“Treasure Data”, “we”, or “us”) and constitutes a legal agreement that governs your access to and use of our Service. We reserve the right to update these Terms from time to time by prior written notice to you (which may be by email). The updated Terms will become effective within thirty (30) days of your receipt of the notice of the update (the “Notice Period”). If you do not agree with the updated Terms you may terminate these Terms and receive a refund of any pre-paid unused Service Fees, by providing us with a written notice during the Notice Period. If you continue to use or access the Service after the Notice Period, you hereby agree to the updated Terms.
1.1 Provision of the Service. We shall make the Service available to you during the Subscription Term solely for your own internal business purposes as permitted by and subject to these Terms (including the usage limits stated in the applicable Order Form) and the Documentation. You may permit others to use the Service solely on your behalf ("Users"), provided that you shall ensure that all such Users comply with these Terms. Additionally, you will be fully liable for the acts, omissions, or violation of these Terms by any and all Users. Except for the express licenses granted in this Section 1.1, no other licenses are granted by Treasure Data hereunder, by implication, estoppel or otherwise, and all rights not expressly granted herein are reserved. You understand that the Service may change over time as we refine and add more features. We reserve the right to update and modify the Service at any time, with or without notice, in our sole discretion.
1.2 Your Account. You must provide us with your full legal name, a valid email address, and any other information requested during the account signup process in order to obtain a Treasure Data account ("Login Account"). You will ensure that all account information remains complete and accurate. Accounts registered by "bots" or other automated methods are not permitted. You are solely responsible for protecting the Login Account, including your username and password, and you will be liable for any unauthorized use thereof.
1.3 Third Party Services or Add-Ons. We may make available to you certain third party products or services for use in connection with the Service ("Third Party Services"). You understand and agree that your use of those Third Party Services may be subject to additional terms and conditions and policies that are specific to such Third Party Services, and that you shall be bound by such terms and conditions and policies if you elect to use such Third Party Services. We make no representations or warranties with respect to any Third Party Services, be it express or implied. You are solely responsible for determining the suitability of any Third Party Services that you elect to use in connection with the Service. Any and all use of such Third Party Services shall be at your sole risk.
1.4 Trial Period. From time to time we may offer access to the Service (or portions thereof) through a trial period ("Trial Period") or for free ("Free Account"), as we determine in our sole discretion. These Terms apply equally to any Trial Period or any Free Account that you may be using. You understand and acknowledge that the Service provided under any Trial Period or a Free Account may be significantly limited in storage and concurrent processing capacity and as such should not be used in a production or live environment. Any access or use of the Service under a Trial Period or Free Account shall be at your sole risk. We reserve the right to suspend or terminate the Trial Period or Free Account at any time and for any reason. You agree to hold Treasure Data harmless from any liability that may arise from your use of the Service during such Trial Period or under any Free Account.
1.5 Support. Technical support is provided in accordance with your selected plan level and the terms and conditions set forth in the Treasure Data Support FAQ, available at http://help.treasuredata.com/.
1.6 Consulting Services. We may provide implementation, configuration, training, and other similar services related to the Service (collectively "Consulting Services"). All Consulting Services, including the applicable fees for such services, will be set out in either an Order Form or a Statement of Work executed by the Parties ("SOW") which will reference and be governed by these Terms. Any materials produced by or with Treasure Data in the course of providing any support or Consulting Services to you (the "Service Materials"), shall remain the exclusive property of Treasure Data. Service Materials include materials created for or in cooperation with you, but do not include any Collected Data, your Confidential Information or the Service. You shall reimburse Treasure Data for all reasonable, pre-approved (by you in writing) and appropriately documented travel and related expenses incurred by us in performing any support or Consulting Services for you under these Terms.
2. Use of the Service
2.1 Usage Limits. Your use of the Service must be in accordance with the usage limits set forth on the applicable Order Form and the accompanying Documentation. If you exceed the usage limits, such as an excess in the amount of Collected Data or concurrent processors, we may notify you and provide you with an opportunity to reduce the excess usage. If you are unable to reduce the excess usage or you significantly exceed the usage limits (as determined by us, in our sole discretion), we reserve the right to immediately suspend or throttle the Service until you reduce the excess usage or execute an Order Form to upgrade the plan level and/or usage limits for the Service.
2.2 Restrictions. You agree that you will not (and will not permit or encourage any Users or other third party to directly or indirectly: (a) use the Service in any manner or for any purpose other than as expressly permitted by these Terms; (b) sell, resell, sublicense, distribute, rent or lease the Service, or include the Service in any service bureau or outsourcing operation; (c) frame or mirror any part of the Service (d) except as provided in Section 5.2 with regards to the Tools, modify, alter, tamper with, repair or otherwise create derivative works of the Service; (e) remove, obscure or alter any proprietary right notice on or in connection with the Service; (f) use the Service to store or transmit malicious code, files, scripts, agents, or programs, including viruses and Trojan Horses; (g) interfere with or disrupt the integrity or performance of the Service; (h) interfere with other users' use of the Service; (i) use the Service to attempt to access, acquire or otherwise obtain data to which you are not legally entitled; (j) access or use the Service in a way intended to avoid incurring fees or exceeding usage limits or quotas; (k) use the Service in violation of applicable laws, rules, and regulations; and (l) use the Service to infringe the intellectual property rights, or otherwise violate the rights of others.
2.3 Notification of Unauthorized Use. You will immediately notify us of any unauthorized use of your account or the Service that comes to your attention. In the event of any such unauthorized use, you will take all steps necessary to terminate such unauthorized use. Additionally, you will provide us with such cooperation and assistance related to any such unauthorized use as we may reasonably request.
3.1 Use of Collected Data. Customer may use the Tools provided with the Service to generate Reports pertaining to the Collected Data. You represent and warrant that (a) you have the right to provide to us the Collected Data; (b) your use and transmission of Collected Data is and will be in compliance with these Terms, and all applicable laws, regulations, and ordinances, including relevant data privacy laws; and (c) you have provided all necessary notices and obtained all necessary consents related to the collection and use of such Collected Data in the manner described in these Terms. We reserve the right to review and/or remove any Customer Data if we suspect that it is in violation of these Terms and/or applicable laws. We will only access and use the Collected Data to the extent it is necessary to provide the Service to you. Notwithstanding the foregoing, we may use the Collected Data for the purpose of generally maintaining and improving the Service as well as for developing and distributing general benchmarks or statistics pertaining to the Service, provided the Collected Data is used in the aggregate and is in anonymized form.
3.2 Security. Treasure Data currently uses Amazon Web Services (AWS) as its storage provider. AWS infrastructure is housed in Amazon-controlled data centers. AWS has been accredited under ISO 27001, as well as SOC 1/SSAE 16/ISAE 3402 (Previously SAS 70 Type II). For more information on the security provided by Amazon Web Services, please see the Amazon Web Services Security Center page (http://aws.amazon.com/security/). Treasure Data shall endeavor to implement reasonable security measures in connection with the Service, however, you acknowledge, that no data transmission over the Internet or data storage system can be guaranteed to be 100% secure and Treasure Data cannot ensure the security of data transmitted to it or that it stores. You acknowledge that if you wish to protect your transmission of Collected Data, it is your responsibility to use a secure encrypted connection to communicate with the Service. At your option, you may use Secure Socket Layer (SSL) encryption through the Treasure Agent where Collected Data is collected to help protect its transmission over the Internet. Treasure Data shall not be liable to you for any liabilities arising from the operation of the Service over the Internet or other networks outside of our control. You understand and agree that you are solely responsible for maintaining appropriate back-ups and archives of your Collected Data. Treasure Data will have no responsibility (or related liability) for backing up any Collected Data or other information that you provide to Treasure Data.
4. Payment Terms
4.1 Fees. You will pay us the fees for the Service (“Service Fees”) in accordance with the Order Form. We will make certain payment methods available to you, at our sole discretion. All amounts are payable in U.S. dollars and will be due within thirty (30) days of the billing date, unless otherwise set forth in the Order Form. Except as expressly provided herein, all payment obligations are non-cancelable and all Service Fees and other amounts paid are non-refundable. We may assess a late charge if you do not pay the Service Fees on time. The late charge will be the lesser of one and a half (1.5%) percent of the unpaid amount each month or the maximum rate permitted by law. You will reimburse us for all costs we incur in connection with our effort to collect any past due amounts, including attorneys' fees and other related expenses. We may suspend the Service or terminate these Terms if you fail to pay the Service Fees in full and on time.
4.2 Taxes. You will be responsible for all taxes related to the Service Fees or your use of the Service, excluding taxes based on Treasure Data's net income. You will also be responsible for procuring and maintaining all hardware, software and telecommunications services needed to connect your network to the Service and for paying all third-party access charges (e.g., Internet service provider fees).
5. Proprietary Rights
5.1 Ownership. We and our suppliers retain all right, title and interest, in and to the Service (including all of its software and technology components), the structure and format of any Reports, our trademarks, our Confidential Information, and the Feedback, including all intellectual property rights therein. In no event will you contest or dispute our exclusive ownership rights in the foregoing. Other trademarks, service marks, and trade names that may be used on or in connection with the Service are the property of their respective owners. You will retain all right, title and interest, in and to the Collected Data, the Reports related to such Collected Data, your trademarks, and your Confidential Information, including all intellectual property rights therein.
5.2 Use of Software Tools. Certain Tools that are furnished to you in connection with the Service are provided by us under the terms and conditions of the Apache License, Version 2.0. You may obtain a copy of the Apache License at http://www.apache.org/licenses/LICENSE-2.0. Except as expressly provided herein, the Tools are distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. See the Apache License for the specific language governing permissions and limitations under the Apache License. Notwithstanding the foregoing, you understand that the Service is intended for use with the Tools as provided to you by Treasure Data. To the extent you modify the Tools; you do so at your own risk.
5.3 Feedback. We welcome your suggestions or feedback on how to improve the Service. If you provide any ideas, suggestions or recommendations to us regarding the Service ("Feedback"), we shall be free to retain, use and incorporate such Feedback in our products and/or services, without payment of royalties or other consideration to you.
6.1 Confidential Information. "Confidential Information" means any and all confidential or proprietary information and data of one party (the "Disclosing Party") disclosed to the other (the "Receiving Party") in connection with these Terms, which is identified or should be reasonably understood to be confidential. Your Confidential Information includes the Collected Data and the resulting Reports. Treasure Data's Confidential Information includes the Service, Documentation, and all other applications, tools, and technical information made available to you in connection with the Service. Confidential Information of each Party includes these Terms, as well as any Order Forms and Statements of Work and all business and marketing plans, technology and technical information, product plans and designs, roadmaps, specifications, and other similar information disclosed by a Party. Confidential Information does not include any information which: (a) is or becomes generally available to the public other than as a result of a disclosure by the Receiving Party in breach of these Terms; (b) was within the Receiving Party's possession prior to its disclosure to it by or on behalf of the Disclosing Party; (c) becomes available to the Receiving Party on a non-confidential basis from a source other than the Disclosing Party not under obligation to keep such information confidential; or (d) is developed independently by the Receiving Party without use of or reference to the Confidential Information of the Disclosing Party.
6.2 Protection of Confidential Information. The Receiving Party agrees to (a) protect the Confidential Information using the same degree of care that it uses to protect its own Confidential Information of like kind, but in no event less than reasonable care; (b) not to use the Confidential Information for any purpose outside of these Terms; and (c) not to disclose the Confidential Information to any third party other than its contractors and agents who have a need to know and are bound by confidentiality obligations no less restrictive than these Terms. In the event that a Receiving Party becomes legally compelled to disclose any Confidential Information provided pursuant to these Terms, such Receiving Party shall provide the Disclosing Party with prompt written notice (to the extent it is legally permitted) so that such Disclosing Party may seek a protective order or other appropriate remedy and/or waive compliance with the confidentiality provisions of these Terms.
7.1 Mutual Warranties. Each party represents and warrants to the other party that: (a) it has all authority to enter into these Terms; and (b) its acceptance of these Terms, and the performance by such party of its obligations and duties hereunder, do not and will not violate or conflict with any agreement to which such party is a party or by which it is otherwise bound.
7.2 Treasure Data Warranties. We warrant that (a) during the Subscription Term, the Service will be performed materially in accordance with the applicable Documentation, under normal use and circumstances; (b) the Service consists entirely of software and documentation fully owned and/or licensed by us; and (c) we will use commercially reasonable efforts to ensure the Service and any components thereof as delivered to you, do not contain authorization codes (except authentication functionality), computer viruses, spyware, time bombs, worms, or other contaminants intended to modify, monitor, damage, or disable yours or any other party’s systems, data or personal information. You must timely and properly report any issues with the Service to us so that we may have the opportunity to research and resolve such issues. For any breach of an above warranty, your sole and exclusive remedies are those set forth in Section 10.3 (Termination for Cause) and Section 10.5 (Effect of Termination).
7.3 Disclaimer. EXCEPT FOR THE EXPRESS WARRANTY PROVIDED IN SECTION 7.2 AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TREASURE DATA MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICE, TOOLS, DOCUMENTATION, REPORTS, AND ANY OTHER SOFTWARE OR MATERIALS THAT TREASURE MAY MAKE AVAILABLE DURING THE SUBSCRIPTION TERM. TREASURE DATA DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR FREE OR UNINTERRUPTED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT TREASURE DATA IS PROVIDING A SERVICE THAT IS INTENDED ONLY TO ASSIST YOU IN OPERATING YOUR OWN BUSINESS AND THAT YOU ARE SOLELY RESPONSIBLE FOR (AND TREASURE DATA ASSUMES NO RESPONSIBILITY AND WILL HAVE NO LIABILITY OF ANY KIND FOR) WITH RESPECT TO THE DECISIONS MADE BASED ON YOUR USE OF THE SERVICE, TOOLS, REPORTS, OR RELATED DOCUMENTATION AND SERVICES, OR ANY EFFECTS ON BUSINESS THAT MAY RESULT FROM SUCH USE. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, (A) IN NO EVENT WILL EITHER PARTY, AND ITS OFFICERS, EMPLOYEES, OR SUPPLIERS BE LIABLE TO THE OTHER PARTY FOR ANY LOST PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF SUCH PARTY OR ITS OFFICERS, EMPLOYEES, OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY, AND ITS OFFICERS, EMPLOYEES, AND SUPPLIERS UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNTS PAID BY YOU TO TREASURE DATA IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. THIS SECTION 8 SHALL NOT APPLY TO YOUR PAYMENT OBLIGATIONS OR YOUR BREACH OF SECTION 2.2 (RESTRICTIONS).
Subject to these Terms, we will defend you against any claim, demand, suit, or proceeding made or brought against you by a third party alleging that the unmodified Tools and Reports (as made available by Treasure Data and used in accordance with this Agreement) infringe such third party’s copyright or misappropriate such third party’s trade secrets, and we will indemnify you from any damages, reasonable attorney fees and costs finally awarded against you or amounts paid by you in any final settlement entered into by us. You agree to defend us against any claim, demand, suit, or proceeding made or brought against us by a third party alleging that the Collected Data or your use of the Service infringes the rights of, or has caused harm to, such third party or violates any law and you will indemnify us from any damages, reasonable attorney fees and costs finally awarded against us or amounts paid by us in any final settlement entered into by you. The party entitled to be indemnified under this Section 9 (the “Indemnified Party”) will give prompt written notice to the other party (the "Indemnifying Party") of any claims. The Indemnifying Party reserve the right to assume exclusive defense and control of any matter which is subject to indemnification under this Section 9, in which case the Indemnified Party agrees to cooperate with any reasonable requests to assist in the defense of such matter. The Indemnified Party may participate in the defense at its own cost and through its own counsel. Neither the Indemnifying Party nor the Indemnified Party will settle or dispose of any claim in any manner that would adversely affect the rights or interests of the other party without the prior written consent of the other party, which will not be unreasonably withheld or delayed.
10. Terms and Termination
10.1 Term. Unless earlier terminated in accordance with these Terms, these Terms are effective upon the date you first accept them, and shall continue until all subscriptions hereunder have expired or have been terminated (“Term”). The Subscription Term for a given subscription shall be as set forth in the applicable Order Form. Except with respect to a Trial Period or Free Account and as otherwise specified in an Order Form, subscriptions will automatically renew for additional periods equal to the expiring Subscription Term, unless either party gives the other notice of non-renewal at least thirty (30) days before the end of the Subscription Term.
10.2 Termination for Convenience. Either party will have the right to terminate an Order Form for convenience upon thirty (30) days’ written notice subject to the plan level terms set forth on the Order Form, and provided that any termination for convenience by you shall not relieve you of your obligations to pay all Service Fees through the end of the Subscription Term of the outstanding Order Form(s).
10.3 Termination for Cause. Either party may terminate an Order Form and/or these Terms upon written notice to the other party if the other party materially breaches these Terms and fails to cure such breach within thirty (30) days from the date of written notice of breach by the non-breaching party. Notwithstanding the foregoing, non-payment of any Service Fees or other fees due to Treasure Data will be considered a material breach for which there will be no opportunity to cure. If you materially breach these Terms, we may, without limitation of our other rights and remedies, suspend the Service and/or withhold further performance of our obligations under these Terms. In addition, we may suspend the Service and/or terminate any and all Order Forms and these Terms in event of any breach or threatened breach by you or your Users of the restrictions set forth in Section 2.2.
10.4 Export and Destruction of Collected Data. You shall have the ability to export or retrieve the Collected Data from the Service at any time during the Subscription Term and within thirty (30) days after the effective date of termination. Following such period, we will have no obligation to maintain or provide Collected Data and shall thereafter, unless legally prohibited, delete all Collected Data in our systems or otherwise in our possession or under our control.
10.5 Effect of Termination. Upon termination or cancellation of these Terms for any reason, all licenses and other rights granted to you hereunder will immediately terminate and you will cease all use .3, Treasure Data will refund the unused portion of any pre-paid Service Fees. Upon termination of an Order Form and/or these Terms by us pursuant to Section 10.3, you will pay any unpaid Service fees for the remainder of the Subscription Term of each terminated Order Form. Sections 2.2 (Restrictions), 3.1 (Use of Collected Data), 4 (Payment Terms), 5 (Proprietary Rights), 6 (Confidentiality), 7.3 (Disclaimer), 8 (Limitation of Liability), 9 (Indemnification), 10 (Term and Termination), 12 (Governing Law), 13 (General), and 14 (Definitions) will survive the termination or expiration of these Terms.
11. Copyright Complaints
We respect the intellectual property rights of others and will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. Pursuant to the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512(c)(2), our designated agent for notice of alleged copyright infringement in connection with the Service is:
Treasure Data, Inc.
Attn: Hironobu Yoshikawa
2565 Leghorn St.
Mountain View, CA 94043
To file a notice of infringement with Treasure Data, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled. The text of this statute can be found at the U.S. Copyright Office web site.
12. Governing Law; Venue
These Terms are to be construed in accordance with and governed by the laws of the State of California without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply, and are hereby expressly excluded. Any legal suit, action or proceeding arising out of or relating to this Agreement will be commenced in the federal and/or state courts, as applicable, in Santa Clara County, California.
Treasure Data may identify Customer as a customer of Treasure Data, including but not limited to using Customer’s company name and logo in its customer list, website, blog, social media pages, or any other marketing or promotional materials of any kind. If requested by Treasure Data, subject to each party’s prior review and approval as to content, Customer agrees to issue a joint press release with Treasure Data within three (3) months of our request. Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (which consent shall not be unreasonably withheld). Notwithstanding the foregoing, either party may assign this Agreement in its entirety (including all Order Forms) without consent of the other party in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets provided the assignee has agreed to be bound by this Agreement and all past due fees are paid in full. This Agreement will not be construed as creating an agency, partnership, joint venture or any other form of association, for tax purposes or otherwise between the parties, and the parties will at all times be and remain independent contractors. Neither party will be liable under this Agreement because of any failure or delay in the performance of its obligations (except for payment of money) on account of riots, fire, flood, storm, earthquake, acts of God, hostilities, Internet or other network delays or failures, power failures, unanticipated product development problems, or any other cause directly affecting such failure or delay and beyond such party’s reasonable control. If any of the provisions of this Agreement are determined by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, such provisions will be deemed to be severed and struck from this Agreement, while the remaining provision(s) of the Terms continue in full force and effect and are enforced to the extent possible, consistent with the stated intention of the parties. The waiver by either party of any default or breach of this Agreement will not constitute a waiver of any other or subsequent default or breach. This Agreement (including all Order Forms and SOWs) constitutes the complete agreement between the parties and supersedes all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter hereof. Except as expressly provided in this Agreement, no amendment, or modification of this Agreement will be effective unless in writing and signed by a duly authorized signatory of each party.
“Collected Data” means electronic data and information submitted by you to the Service via the Tools.
“Documentation” means the online documentation that Treasure Data provides with the Service, as may be updated from time to time.
“Order Form” means the Treasure Data cloud-based managed service ordered by you under a Free Trial or Order Form and made available by Treasure Data, including the Tools, and any associated offline components, as described in the Documentation, but excluding the Third Party Services.
“Subscription Term” means the term stated on the applicable Order Form, or in the case of the Free Trial, the stated trial period set forth in the Documentation or on the Treasure Data Free Trial landing page (https://console.treasuredata.com/users/sign_up).
“Tools” means the Treasure Agent, td-command, and/or other similar Treasure Data tools and utilities (excluding Third Party Services) that Treasure Data may make available to you for use in connection with the Service during the Subscription Term.