These Supplemental Terms (“Terms”) govern Customer’s access to and use of SonarQube Cloud under the “Free Tier” or “Team Plan” (collectively, the “Free and Team Plans”).
These Terms are incorporated into the Agreement between SonarSource and Customer. All capitalized terms used in the Terms but not otherwise defined have the meanings given to them in the Agreement.
1. Definitions
- “Agreement” means the SonarSource Primary Customer Agreement set forth at sonarsource.com/legal/primary-agreement/ or other agreement between Customer and SonarSource governing Customer’s use of Sonar Products.
- “Free and Team Plans” means the “Free Tier” and “Team Plan” for SonarQube Cloud.
2. Subscription and Payment
- Free Tier. The Free Tier is provided at no cost. SonarSource may modify or discontinue the Free Tier at any time without liability.
- Team Plan Billing. The Team Plan is available on a monthly or annual subscription basis, as selected by Customer at the time of purchase.
- Monthly Subscriptions renew automatically each month and may be cancelled at any time, effective at the end of the current billing period.
- Annual Subscriptions renew automatically each year. Except as required by law or under Section 5.3 of the Agreement (Termination for breach), fees for annual subscriptions are non-refundable.
- Price Changes. SonarSource may change Team Plan pricing upon 30 days’ notice. For annual subscriptions, price changes take effect at the next renewal date.
3. Privacy
- Privacy Notice Governs. Customer’s use of the Free and Team Plans is governed by SonarSource’s Privacy Notice at sonarsource.com/company/privacy/. The Data Processing Addendum referenced in Section 7 of the Agreement does not apply to the Free and Team Plans.
- No Personal Data in Customer Data. Customer shall ensure that Customer Data provided to Free and Team Plans does not contain Personal Data.
4. Support
- Free Tier. SonarSource provides public community forums and documentation for the Free Tier, but no other Support.
- Team Plan. SonarSource provides Support for the Team Plan in accordance with the support terms set forth at sonarsource.com/legal/support-terms/.
5. Service Levels
- No SLA. Section 4.1 of the Agreement (Service Levels for SaaS) does not apply to the Free and Team Plans.
6. Product Improvement and AI Training
- Product Improvement. Notwithstanding anything to the contrary in the Agreement or the AI Annex, SonarSource may use Customer Data and Usage Data provided to Free and Team Plans to develop, train, tune, and improve SonarSource’s products, services, and machine learning models (“Improvements”). SonarSource will apply appropriate technical safeguards to the Improvements in order to avoid disclosure of Customer’s Confidential Information.
- SonarSource IP. SonarSource retains all right, title, and interest in and to any Improvements.
7. No Warranty (“As Is”)
- Disclaimer. FOR THE INTRODUCTORY OFFERINGS, THE PRODUCTS ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. SONARSOURCE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. SONARSOURCE DOES NOT WARRANT THAT THE INTRODUCTORY OFFERINGS WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
8. Limitation of Liability
- Free Tier. IN NO EVENT WILL SONARSOURCE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATING TO THE FREE TIER, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IF THIS EXCLUSION IS UNENFORCEABLE BY LAW, SONARSOURCE’S AGGREGATE LIABILITY SHALL NOT EXCEED USD $250.
- Team Plan. SonarSource’s aggregate liability arising out of or relating to the Team Plan is strictly limited to the amount paid by Customer for the Team Plan during the twelve months prior to the event giving rise to the claim. The exclusions of indirect/consequential damages in Section 14.1 of the Agreement apply in full.
- No IP Indemnification. Sections 13.1 (By SonarSource) and 13.2 (Process) of the Agreement do not apply to the Free and Team Plans.
- Cap Exclusions Inapplicable. Section 14.3 of the Agreement (Cap Exclusions) does not apply to the Free and Team Plans. Notwithstanding anything to the contrary in the Agreement or these Terms, to the maximum extent permitted by law, no other cap exclusion or exception shall apply to the Free and Team Plans.
9. Regulatory Terms
- DORA. Section 16.1 of the Agreement (DORA) and the DORA Regulatory Requirements Annex do not apply to the Free and Team Plans.
10. Marketing
- Free Tier. Section 17.3 of the Agreement (Marketing) does not apply to the Free Tier.
11. Customer Data on Termination
- Free Tier. Section 5.6(c) of the Agreement (Customer Data export) does not apply to the Free Tier.
12. General
Except as supplemented or modified by these Terms, the Agreement remains in full force and effect.