Provision of Service. Subject to the conditions set forth in this Agreement and the applicable Order Form (including the usage restrictions therein), Amplitude will use reasonable commercial efforts to provide Customer the Service pursuant to the applicable Order Form(s), and Amplitude hereby grants to Customer, for the Subscription Term, a non-exclusive, non-sublicensable, non-transferable, non-assignable, right to access and use the Service, and use the Software, in each case for Customer’s internal business purposes only.
Affiliates. The rights granted under this Agreement apply on an Order Form-by-Order Form basis only to the Customer entity that enters into such Order Form. Customer may not extend its rights to its Customer Affiliates under any Order Form. However, Customer Affiliates shall be entitled to enter into one or more Order Forms with Amplitude pursuant to this Agreement and, in such circumstances, all references in this Agreement to Customer shall be deemed to be applicable to the Customer Affiliate with respect to that particular Order Form unless otherwise explicitly set forth in writing. With respect to each such Order Form, such Customer Affiliate becomes a party to this Agreement and references to Customer in this Agreement are deemed to be references to such Customer Affiliate. Each Order Form is a separate obligation of the Customer entity that enters into such Order Form, and the rights granted in connection with such Order Form are solely for the benefit of such Customer entity that enters into such Order Form, and no other Customer entity has any liability, obligation or rights under such Order Form.
Support. During the applicable Subscription Term, Amplitude will make available to Customer as part of the Service all Updates and provide Customer with product support, as follows: Customer can submit support inquiries via email at email@example.com or on the Amplitude website 24 hours per day. Amplitude standard support hours are 09:00 to 17:00 Pacific Time Monday through Friday for technical information, technical advice and technical consultation regarding Customer’s use of the Service.
Free Trial. If Customer registers for a free trial to the Service, Amplitude will make the Service available to Customer on a trial basis free of charge until the earlier of (a) the end of the free trial period for which Customer registered to use the Service, or (b) the start date of any purchased subscription for the Service. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Each party may terminate any free trial at any time without notice to the other party. NOTWITHSTANDING ANYTHING CONTAINED HEREIN, FOR PURPOSES OF THE FREE TRIAL, THE SERVICE IS PROVIDED “AS-IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES OR INDEMNITIES.
Feedback. Customer may from time to time provide Amplitude suggestions or comments for enhancements or improvements, new features or functionality or other feedback (“Feedback”) with respect to the Service. Amplitude will have full discretion to determine whether or not to proceed with the development of any requested enhancements, new features or functionality. Amplitude will have the full, unencumbered right, without any obligation to compensate or reimburse Customer, to use, incorporate and otherwise fully exercise and exploit any such Feedback in connection with its products and services.
Proprietary Rights. Amplitude retains all right, title, interest (including, but not limited, to intellectual property rights) in and to the Software and Service and anything developed and delivered under this Agreement, including all System Data. “System Data” means anonymized and aggregated user and other data collected by Amplitude regarding the Service that may be used to generate logs, statistics and reports regarding performance, availability, integrity and security of the Service (e.g., aggregate response rate).
Non-Amplitude Products. Customer may choose to use or procure products or services not owned, associated or affiliated with or sponsored by Amplitude (“Non-Amplitude Products”) in connection with the Service. Customer’s use of any Non-Amplitude Product is subject to a separate agreement between Customer and the third-party that provides the Non-Amplitude Product. If Customer enables or uses Non-Amplitude Products in connection with the Service, Amplitude will permit the Non-Amplitude Product providers to access and use Customer Data as required for the interoperation of the Non-Amplitude Product and the Service. This may include transmitting, transferring, modifying or deleting Customer Data. Any Non-Amplitude Product provider’s use of Customer Data is subject to the terms of any applicable agreement between Customer and the Non-Amplitude Product provider.
Beta Services. From time to time, Customer may have the option to participate in a program with Amplitude where Customer is provided access to Alpha or Beta services, products, features or documentation (collectively, “Beta Services”) offered by Amplitude, which are aspects of the Service provided as a limited test-release that may contain bugs, errors, defects or harmful components and are not made generally available to all Customers. Amplitude does not provide any indemnities, service level commitments or warranties, express or implied, including warranties of merchantability, title, non-infringement, and fitness for a particular purpose, in connection with any Beta Services, and either Customer or Amplitude may terminate Customer’s access to Beta Services at any time.
Amplitude Startup Scholarship Plan. Amplitude offers certain Customers access to a limited feature set in connection with Amplitude’s Startup Scholarship Plan, which is described in further detail on the Amplitude Startup Scholarship Plan web page. Amplitude’s Startup Scholarship Plan is offered with limited monthly event volume (“Scholarship Plan Event Volume”) and for limited time periods as specified on the Amplitude Startup Scholarship Plan web page and/or the Order Form. In the event you are approved for Amplitude’s Startup Scholarship Plan and you exceed the allotted monthly Scholarship Plan Event Volume more than two (2) times during a twelve (12) month period, Amplitude will remove you from the Amplitude Startup Scholarship Plan. By participating in the Amplitude Startup Scholarship Plan, you give Amplitude the right to use your company name and logo in any Amplitude marketing materials. Amplitude may change the features and benefits associated with the Amplitude Startup Scholarship Plan at any time in its sole discretion without notice. In addition, Amplitude may also terminate the Amplitude Startup Scholarship Plan program at any time in its sole discretion without notice. If you wish to terminate your participation in the Amplitude Startup Scholarship Plan, you may do so at any time by notifying Amplitude at firstname.lastname@example.org.