Introduction
Welcome to ClickHouse! These Terms of Use ("Terms") govern your access to and use of the website located at https://clickhouse.com, including without limitation, any functionality of the website, such as any public services, certifications and the like, and discussion forums offered on or through the such sites, and all associated websites or webpages within the clickhouse.com domain or published by ClickHouse, Inc. (“ClickHouse”), its subsidiaries, and affiliated companies (collectively, the "Site"). For the avoidance of doubt, your use of ClickHouse Cloud is subject to the ClickHouse Terms of Service located at https://clickhouse.com/legal/agreements/terms-of-service or a written agreement.
By accessing or using the Site, you agree to be bound by these Terms, the ClickHouse Privacy Policy located at https://clickhouse.com/privacy-policy, and any additional terms applicable to specific services you use (collectively, the "Agreement"). If you do not agree with any part of the Agreement, you must not access or use the Site.
1. Eligibility
1.1 By using the Site, you represent and warrant that you are at least 18 years old. If you are under 18 years old, you may not use the Site.
1.2 If you are using the Site on behalf of an organization, you represent and warrant that you have the authority to bind that organization to the Agreement. All references to "you" in the Agreement shall include such organization, jointly and severally with you personally.
1.3 If any applicable law, rule, regulation, or government restriction prohibits you from using or accessing the Site, then you must immediately cease all access and use. If you nevertheless access or use the Site, you will still be bound to the Agreement and shall have all the obligations, responsibilities, and liabilities as if you were eligible to do so.
2. General Use of the Site
2.1 License: Subject to the Agreement, ClickHouse grants you the limited, revocable, non-transferable, non-sublicensable, non-exclusive right to access and use the Site and the information, materials (including, without limitation, HTML, text, graphics, audio, video, blog posts, visual interfaces, photographs, registered and unregistered trademarks, logos, computer code, artwork, documents, white papers, press releases, data sheets, product descriptions, software, and FAQs), and other content available on or from the Site (collectively, "ClickHouse Content").
3. Publicly Available Services
3.1 Publicly Available Services: From time to time, ClickHouse may make available services or functionality to the public, where you may or may not need an account. This includes publicly available limited free instances of ClickHouse Cloud ingesting data from public sources and ClickHouse certifications but may include any other service as well (each, a Publicly Available Service”). Each instance of a Publicly Available Service is part of the Site and this Agreement applies to each Publicly Available Service.
3.2 Use at Your Own Risk: Your use of any Publicly Available Service is at your own risk. You acknowledge that any Publicly Available Service may not be reliable and may not meet your requirements.
4. Content
4.1 ClickHouse Content: ClickHouse Content is owned, controlled, or licensed by ClickHouse and is protected by trademark, copyright, and patent laws, as well as various other intellectual property rights and unfair competition laws. ClickHouse and its licensors expressly retain all right, title, and interest in and to the ClickHouse Content, including and without limitation, all intellectual property rights therein and thereto. All rights not expressly granted herein are reserved. All use of ClickHouse marks are subject to the ClickHouse Trademark Policy located at https://clickhouse.com/legal/trademark-policy.
4.2 Third-Party Content: In addition to ClickHouse Content, the Site may contain information and materials provided to ClickHouse by third parties (collectively, "Third-Party Content"). Third-Party Content is the copyrighted work of its owner, which expressly retains all right, title, and interest in and to the Third-Party Content, including, without limitation, all intellectual property rights therein and thereto. In addition to being subject to the Agreement, Third-Party Content may also be subject to different and/or additional terms of use and/or privacy policies of such third parties.
4.3 Software: To the extent that the Site contains ClickHouse Content or Third-Party Content that is software available for download, or access to and use of any services offered on the Site ("Software"), such Software is subject to, and your use of such Software is governed by, the terms of the applicable end-user license agreement (each a "License Agreement") accompanying, provided with, linked to, or embedded in, such Software. You may not use any Software unless you first read and agree to all of the terms and conditions of the applicable License Agreement.
4.4 Artificial Intelligence: ClickHouse leverages advanced artificial intelligence technologies, including AI chatbots, on the Site (collectively, “AI Tools”). These AI Tools are available throughout our website to assist with a range of inquiries. While they provide immediate, data-driven insights, we advise that decisions based on complex or critical matters be confirmed with our human specialists. ClickHouse’s integration of AI Tools is part of ClickHouse’s ongoing effort to enhance your experience with ClickHouse.
5. User Content
5.1 Submitting User Content: At our sole discretion, the Site may include functionality that permits you to submit, share or make available queries, comments, posts, or submissions, including comments and posts made through our discussion forums, blogs, or other interactive features of our Site, and you may elect to display, transmit, post, submit, or otherwise make available to us and others any content or works of authorship, including, without limitation, images, software, code, videos, ideas, feedback, plans, notes, sample data, audio files, text, or any other materials (collectively, "User Content"), through or in connection with your use of the Site. If you choose to make publicly available any of your personal information, confidential information, or any other sensitive information through the Site, you do so at your own risk. We have no confidentiality obligations with respect to your User Content. Any information you post may be publicly accessible to any and all users of the Site. We have no control over and are not responsible for any use or misuse (including reproduction, distribution, or displaying) by any third party of your User Content.
5.2 License Grant to ClickHouse: By uploading, posting, displaying, submitting, entering, inputting, or otherwise transmitting your User Content to us, you hereby grant to ClickHouse (to the extent permitted by applicable law) a perpetual, irrevocable, fully paid-up, royalty-free, worldwide, non-exclusive, transferable, and fully sublicensable (through multiple tiers) right and license, without any additional consideration to you or any third party, to use, reproduce, adapt, modify, publicly display, publicly perform, prepare derivative works from, and distribute such User Content, for any purpose and in any form, medium, or distribution method now known or hereafter existing, known or developed. You agree, to the fullest extent permitted by applicable law, to waive and never assert any moral rights that may exist in connection with the User Content.
5.3 Restrictions on User Content: In connection with your use of the Site, you agree to our Acceptable Use Policy.
5.4 Monitoring: ClickHouse may, but is not obligated to, monitor, evaluate, audit, alter, and/or remove ClickHouse Content, User Content, and your use of the Site. ClickHouse reserves the right to accept, reject, refuse, remove, alter, or modify any ClickHouse Content or User Content, for any reason and at any time, without notice, but assumes no liability based on its acceptance, rejection, modification, or failure to modify, reject, or modify any ClickHouse Content or User Content. We may delete User Content at any time without notice to you. We have no obligation to store any User Content and have no responsibility or liability for the deletion or failure to store, transmit, or receive User Content. You are solely responsible for creating backup copies of or replacing any User Content at your sole expense.
6. Infringement and DMCA
ClickHouse respects the intellectual property rights of others, and we ask you to do the same. ClickHouse may, in appropriate circumstances and at our discretion, terminate access to this Site for users who infringe the intellectual property rights of others. If you believe in good faith that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide ClickHouse's designated agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit ClickHouse to locate the material.
- Information reasonably sufficient to permit ClickHouse to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
ClickHouse's agent for notice of claims of copyright or trademark infringement on this Site can be reached at: [email protected].
7. Links to Third-Party Sites
The Site may be linked to other websites that are not ClickHouse websites (collectively, "Third-Party Sites"). These Third-Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than ClickHouse, and your use of such Third-Party Sites is governed by such terms. We provide links to the Third-Party Sites to you as a convenience, but we do not endorse, verify, make any representations, or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality, or completeness of the content, services, links displayed, and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT CLICKHOUSE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES, AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY WEBSITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.
8. Indemnification
You agree to defend, indemnify, and hold ClickHouse and its officers, directors, employees, affiliates, subsidiaries, agents, licensors, and business partners (collectively, the "ClickHouse Parties") harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defense) ClickHouse or any other indemnified party suffers in relation to or arising, directly or indirectly, from:
- Your violation or breach of the Agreement;
- Your breach of any applicable laws;
- Any claim or demand that your use of this Site or the use of this Site by any person using your username and/or password, violates any applicable law or regulation, or the patents, copyrights, trademark rights, personality, publicity, or other rights of any third party; and
- Any claim that your User Content infringes or misappropriates any third-party patent, copyright, trademark, or trade secret, privacy, publicity, or any other third-party right.
9. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SITE (INCLUDING WITHOUT LIMITATION ANY PUBLICLY AVAILABE SERVICE) AND THE CLICKHOUSE CONTENT, TOGETHER WITH ALL SOFTWARE, SERVICES, AND FEATURES AVAILABLE ON OR THROUGH THE SITE, ARE PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND THE CLICKHOUSE PARTIES MAKE NO REPRESENTATION, GUARANTEE, OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND WHATSOEVER. THE CLICKHOUSE PARTIES SPECIFICALLY DISCLAIM ALL WARRANTIES, GUARANTEES, AND REPRESENTATIONS, INCLUDING ALL IMPLIED, STATUTORY, OR OTHER WARRANTIES WITH RESPECT TO THE SITE AND THE CLICKHOUSE CONTENT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, OR THAT THE SITE OR THE CLICKOUSE CONTENT ARE COMPLETE, SUITABLE FOR YOUR PURPOSE, OR ACCURATE. THE ENTIRE RISK AS TO RESULTS OBTAINED THROUGH USE OF THE SITE AND/OR THE CLICKHOUSE CONTENT RESTS WITH YOU. CLICKHOUSE MAKES NO REPRESENTATION, GUARANTEE, OR WARRANTY THAT THE AVAILABILITY OF THE SITE WILL BE UNINTERRUPTED, OR THAT THE SITE AND/OR THE CLICKHOUSE CONTENT WILL BE ERROR-FREE OR SECURE, OR THAT ANY OR ALL DEFECTS WILL BE CORRECTED.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL THE CLICKHOUSE PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES DIRECTLY OR INDIRECTLY ARISING OUT OF OR CONNECTED TO YOUR ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE (INCLUDING WITHOUT LIMITATION ANY PUBLICLY AVAILABLE SERVICE), INCLUDING, WITHOUT LIMITATION, ANY AND ALL DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY, OR STATUTORY DAMAGES, INCLUDING ANY LOSS OF BUSINESS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR ANY COST OF COVER OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, EVEN IF CLICKHOUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL THEORY UNDER WHICH DAMAGES ARE SOUGHT, WHETHER IN BREACH OF CONTRACT OR IN TORT, INCLUDING NEGLIGENCE. IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF THE CLICKHOUSE PARTIES UNDER THE AGREEMENT EXCEED US$100. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
11. Suspension and Termination
11.1 Suspension: In the event we reasonably believe you have breached, or will breach, any provision of the Agreement, ClickHouse may, without limiting its other rights and remedies, immediately suspend your use of the Site until such breach is cured or we reasonably believe there is no longer a threat.
11.2 Termination: ClickHouse reserves the right to immediately terminate your access to or use of the Site, at any time, with or without cause, and with or without notice. You may terminate the Agreement at any time by ceasing to use the Site.
11.3 Effect of Termination: Upon expiration or termination of the Agreement, your access to the Site will immediately cease using the Site. In no event will ClickHouse have any responsibility or liability to you related to suspension or termination of the Agreement or any account.
11.4 Survival: The termination or expiration of the Agreement will not affect any provisions herein which by their nature survive or are intended to survive termination or expiration, including but not limited to the provisions that deal with the following subject matters: ownership of intellectual property, confidentiality, effect of termination, limitation of liability, indemnification, disclaimers, export control, and the "General" section in the Agreement.
12. Privacy Policy
Our Privacy Policy, available at https://clickhouse.com/privacy-policy, explains how we use information that you submit to ClickHouse, and which is incorporated into the Agreement.
13. Export Control
13.1 General Information: The export control information provided on this Website may not reflect the most current legal or regulatory developments and ClickHouse does not represent, warrant, or guarantee that it is complete, accurate, or up to date. It is not intended as legal advice or as an exhaustive interpretation of the export control laws and regulations. For specific guidance, you should consult with your legal counsel, export professional, or relevant governmental authorities.
13.2 Export Control Classification: The Export Control Classification Number ("ECCN") for ClickHouse products are provided upon request in order to help facilitate export operations. Our products and services, including encryption software, are subject to export control laws and regulations, which may include licensing requirements and restrictions on destinations, end-users, and end-uses. The ECCN and applicable controls for each product may vary. It is your responsibility to ensure compliance with the relevant export control requirements.
13.3 Sanctions Compliance: No ClickHouse products or services may be sold, exported, or re-exported, to an individual or entity located in an embargoed country or on any applicable government sanctions lists, including the U.S. Treasury Department's list of Specially Designated Nationals, or on the U.S. Commerce Department's Denied Persons List or Entity List. Such prohibition includes the following countries: Cuba, Iran, North Korea.
14. Modifications to the Agreement or Site
ClickHouse reserves the right to revise, change, update, add, or remove provisions of the Agreement at any time by posting the updated Agreement on the Site, along with a notice of the effective date. You agree to periodically review the Agreement to be aware of any modifications. By accessing or using this Site after ClickHouse has updated the Agreement, you agree to the updated Agreement. If you do not agree with any of the updated Agreement, your only recourse is to stop using the Site.
We may modify, alter, terminate, update, or discontinue the Site, including any portions of the Site, at any time, without prior notice.
15. General
15.1 Site Location and Local Laws: ClickHouse controls and operates this Site from the USA. The ClickHouse Content may not be appropriate or available for use in other locations. ClickHouse makes no representation that all features of this Site will be available to you from specific countries, or that the ClickHouse Content is permitted to be accessed from any country. You are solely responsible for any decision to use the Site from your location and for compliance with applicable local laws.
15.2 Feedback: You may volunteer feedback to ClickHouse about the Site, ClickHouse Content, or any services offered through the Site (“Feedback”). ClickHouse shall be irrevocably entitled to use that Feedback, for any purpose and without any duty to account. All such Feedback is non-confidential and non-proprietary.
15.3 Governing Law and Jurisdiction: This Agreement will be governed by the laws of the State of Delaware, without regard to its conflict of laws principles, and all suits hereunder will be brought solely in Federal Court for the District of Delaware, or if that court lacks subject matter jurisdiction, in any Delaware State Court located in New Castle County, Delaware.. This Agreement shall not be governed by the 1980 UN Convention on Contracts for the International Sale of Goods or any laws based on the Uniform Computer Information Transactions Act (UCITA). The parties hereby irrevocably waive any and all claims and defenses either might otherwise have in any action or proceeding in any of the applicable courts set forth above, based upon any alleged lack of personal jurisdiction, improper venue, forum non conveniens, or any similar claim or defense.
15.4 Waiver of Rights and Remedies: Our failure to insist upon or enforce strict performance of any provision of the Agreement will not be construed as a waiver of any provision or right. Our rights, powers, and remedies in the Agreement, including the right to suspend, restrict, or terminate any use of the Site, are cumulative and in addition to any right, power, or remedy that may be available to us at law or in equity.
15.5 Severability: If any provision of the Agreement is held to be invalid or unenforceable, the remaining portions will remain in full force and effect and such provision will be enforced to the maximum extent possible so as to give effect the intent of the parties and will be reformed to the extent necessary to make such provision valid and enforceable..
15.6 Assignment and Inurement: We may at any time assign our rights and obligations under the Agreement, in whole or in part, without notice to you. You may not assign the Agreement without our prior written consent. The Agreement will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors, and permitted assigns.
15.7 Relationship: The parties are independent contractors. No joint venture, partnership, fiduciary, employment, or agency relationship exists between us and you as a result of the Agreement or use of the Site. There are no third-party beneficiaries of the Agreement. Neither party has the authority to bind or act on behalf of the other party in any capacity.
15.8 Force Majeure: Neither party will be liable for, or be considered to be in breach of, or in default under, this Agreement, as a result of any cause or condition beyond such party’s reasonable control..
15.9 Entire Agreement: The Agreement, as amended from time to time, including any and all documents, websites, rules, terms, and policies referenced herein, constitute the entire agreement between us and you with respect to the matters referred to in the Agreement and supersede all prior and contemporaneous agreements and understandings, whether electronic, oral, or written, between us and you with respect to such matters.
15.10 Contact Us: If you have any questions about the Agreement or otherwise need to contact ClickHouse for any reason, you can reach us at [email protected].