QUBOLE TERMS OF USE

BY CLICKING "I ACCEPT," OR ENTERING INTO AN AGREEMENT WITH QUBOLE THAT INCORPORATES THESE TERMS BY REFERENCE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS.

• If you are entering into these Terms on behalf of an entity, organization, or company (a "Subscribing Organization"), you represent and warrant that you have the authority to bind such Subscribing Organization and its Affiliates to these Terms and you agree to be bound by these Terms on behalf of such Subscribing Organization. In such case, "you" in these Terms means such Subscribing Organization, its Affiliates, and each end user of the Subscribing Organization. An "Affiliate" shall mean with respect to a party, any entity which is controlled by such party, which controls such party, or which is under common control with such party, where the term "control" means the ownership, directly or indirectly, of more than fifty percent (50%) of the shares entitled to vote for the election of directors.
• To access most features of the Service, you must register for a Qubole account. When you register for an account, you may be required to provide us with some information about yourself, such as your e-mail address or other contact information. You agree that the information you provide to us is and will be accurate and up-to-date at all times. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you agree to notify us as soon as possible at support@qubole.com.
• Access to the Service or to certain features of the Service may now or in the future require the payment of fees such as subscription fees ("Fees"). Fees may be set forth on our pricing page available at www.qubole.com/pricing or on a physical, electronic or online Qubole Service Order form (attached hereto as Exhibit A), as applicable, which is accepted by Qubole and describes such Fees. Before initial payment of any Fees, you will have an opportunity to review and accept the Fees that you will be charged. Qubole will charge Fees in US dollars or such other method specified in the Service Order. Except as otherwise provided herein, all Fees are non-refundable. Qubole may add features to the Service on a going forward basis at any time and may charge additional Fees separately for such additional features. Qubole reserves the right to change the Fees charged for any subscription upon the renewal of such subscription and in any event not by more than the Retail Price Index from year to year. The Initial Term and any Renewal Term of such subscription shall be as set forth in the applicable Service Order. Unless a different payment method is specified otherwise in the applicable Service Order, you will provide Qubole with valid and updated credit card information. If you provide credit card information to Qubole, you authorize Qubole to charge such credit card for all Fees due under the Service Order. Such charges shall be made in accordance with the billing frequency stated in the applicable Service Order. If the Service Order specifies that payment will be by a method other than a credit card, Qubole will invoice you in accordance with the relevant Service Order. Unless otherwise stated in the Service Order, invoiced charges are due thirty (30) days from the invoice date. You are responsible for maintaining complete and accurate billing and contact information and notifying Qubole of any changes to such information. If your payment method fails or your accounts are past due, (a) you agree to pay all amounts due upon demand by Qubole, (b) Qubole may collect fees owed using other collection mechanisms (including charging other payment methods you may have on file with Qubole), (c) Qubole reserves the right to either suspend or terminate your account or access to the Service, and/or (d) you agree to pay a late fee of 1.5% per month, or the maximum charge permitted by law, whichever is less.