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MaxMind Services Terms of Use for the Snowflake Platform

Updated on: September 25, 2024

By accessing or using MaxMind's Services on the Snowflake platform, you are accepting and agreeing to the terms and conditions set forth in these MaxMind Services Terms of Use for the Snowflake Platform (this "Agreement").

MaxMind, Inc. ("MaxMind"), offers a line of free databases that provide IP address intelligence (each a "GeoLite Database" and collectively the "GeoLite Databases"). The data available through the GeoLite Databases is referred to in this Agreement as the "GeoLite Data". The term "Services" as used in this Agreement means the GeoLite Databases and the GeoLite Data. "Website" refers to MaxMind's website, www.maxmind.com.

1. Limited grant of rights

Subject to the terms and conditions of this Agreement, MaxMind hereby grants you a non-exclusive, non-transferable, revocable, limited license to access and use the Services for your own Non-Commercial Purposes (as defined below). You may not access or use the Services for any Commercial Purposes (as defined below) under this Agreement. You may not use the Services in any way that violates federal, state, local, international law, or the rights of others, or the Agreement.

"Non-Commercial Purposes" refers to uses of the Services solely for content customization for yourself, fraud prevention for yourself, and your own internal geographic reporting, and does not include any Commercial Purposes (as defined below).

"Commercial Purposes" refers to any use of the Services for any of the following:

  1. Sharing the GeoLite Databases or any GeoLite Data with anyone other than you or your employees. For the avoidance of doubt, this includes sharing GeoLite Data with any of your affiliates, customers, partners, or other third parties.
  2. Any ability for anyone other than you or your employees to view or access the GeoLite Data or to view or access graphical or textual representations of the GeoLite Data or aggregated data taken from the GeoLite Data, and any ability for anyone other than you or your employees to initiate queries to the GeoLite Databases either directly or via any product or service.
  3. Distributing or restricting access to content on behalf of or for the benefit of any third party (such as your affiliates, customers, partners or anyone other than you).
  4. Using GeoLite Data in the models or decision-making process for any service for the benefit of anyone other than you. For example, using GeoLite Data in a decision-making process for a fraud-detection service, sanctions compliance service, service for enforcing licensing restrictions or similar service offered to third parties, regardless of whether end users of the service and other third parties are able to view or otherwise access the GeoLite Data. You agree to use the Services and products only in a manner that is consistent with applicable laws. You understand and agree that (i) MaxMind does not guarantee the accuracy of the Services; and (ii) you are solely responsible for the legality of your use and receipt of the Services.

2. Examples of Non-Commercial Purposes and Commercial Purposes

The following are examples of using the Services for Non-Commercial Purposes which are permitted under the Agreement.

  1. You host a blog and use GeoLite Data to analyze where traffic is coming from to determine what additional content you will create.
  2. You sell your own goods on a website that you control, and you use the GeoLite Data to display prices in the local currency or language of the visitor.

The following are examples of using the Services for Commercial Purposes which are not permitted under this Agreement and which would require you to contact enterprise@maxmind.com to execute an appropriate Order Form or other agreement.

  1. You are using the GeoLite Data to serve third party advertisements to specific regions.
  2. You use GeoLite Data to customize content or target users based on location on behalf of third parties.
  3. You are using the GeoLite Data to display to customers logging into your platform the location of their prior log-ins.
  4. You use the GeoLite Data for models for decision making for a fraud detection service offered to third parties.
  5. You use the GeoLite Data to facilitate matching, such as for a dating site, gaming platform, advertising distribution, or for transferring funds.
  6. You use the GeoLite Data to create a web service that allows third parties to see their own IP address and location.

3. Restrictions

  1. General. You may not, nor may you permit others to:

    1. copy any portion of the Services except as reasonably required for using the Services as permitted in this Agreement;
    2. allow anyone other than yourself or your employees to access the Services, or any portion thereof, without MaxMind's express written permission or except as expressly permitted in this Agreement;
    3. use the Services to develop a database, infobase, or similar database service, or other information resource in any media (print, electronic, or otherwise, now existing or developed in the future) for sale to, distribution to, display to, or use by others;
    4. use the Services in any manner that is beyond the scope of the rights granted in this Agreement;
    5. remove or obscure any copyright notice or other notice or terms of use contained in the Services;
    6. use the Services to create or otherwise support the transmission of unsolicited, commercial email;
    7. remove, disable, avoid, circumvent, or defeat any functionality in the Services designed to limit or control access to or use of the Services;
    8. use the Services for the purpose of identifying or locating a specific individual or household.
  2. Disclosure of GeoLite Database and GeoLite Data. You will not disclose the GeoLite Databases or GeoLite Data to any third party except as explicitly permitted by this Agreement or after notifying MaxMind of the anticipated disclosure and obtaining MaxMind's prior written consent to the disclosure. To the extent you disclose the GeoLite Databases or GeoLite Data to a third party as permitted by this Agreement, you will impose upon the third party the same or substantially similar contractual duties imposed on you and the rights provided to MaxMind as in this Agreement, including those in Section 1 (Limited Grant Of Rights), Section 3 (Restrictions), and the DPA. You are responsible for the acts or omissions of any third parties with which you share the GeoLite Databases or GeoLite Data.
  3. Destruction of GeoLite Database and GeoLite Data. From time to time, MaxMind will release an updated version of the GeoLite Databases, and you agree to promptly use the updated version of the GeoLite Databases. You shall cease use of and destroy (i) any old versions of the GeoLite Databases and GeoLite Data within thirty (30) days following the release of the updated GeoLite Databases; and (ii) all GeoLite Databases and GeoLite Data immediately upon termination of the license under this Agreement. Upon request, you shall provide MaxMind with written confirmation of such destruction.
  4. No Use of Services for Identifying Specific Households, Individuals or Street Addresses. Due to the nature of geolocation technology and other factors beyond its control, MaxMind cannot and does not guarantee the accuracy of the Services. The Services contain only the geographic data available and the availability of such data is not consistent for all regions. The GeoLite Databases do not identify any geographic level or division more precise than the zip code or postal code associated with an IP address. Accordingly, it is imperative that MaxMind's customers not rely on the Service to identify a specific household, individual, or street address. You acknowledge the foregoing limitation of the GeoLite Data and you will not use or encourage others to use the GeoLite Data for the purpose of identifying or locating a specific household, individual, or street address.

4. Ownership and intellectual property rights

You acknowledge and agree that (a) all intellectual property rights including copyrights, moral rights, trademarks, trade secrets, and proprietary rights in and to the Services are exclusively owned by MaxMind and its licensors and (b) except for the limited license granted to you in this Agreement, you obtain no right, title, or interest therein.

5. Confidential information

  1. "Confidential Information" includes all confidential and proprietary information or material disclosed by you or MaxMind (the "Disclosing Party") to the other party (the "Receiving Party") from which the Disclosing Party derives actual or potential economic value, and which is clearly marked or verbally identified at the time of disclosure as "Confidential" or is disclosed or learned under circumstances that would lead a reasonable person to conclude that the information was confidential. Confidential Information shall not include information that: (i) is or becomes publicly known through no act or omission of the Receiving Party; (ii) was in the Receiving Party's lawful possession before being disclosed to the Receiving Party by the Disclosing Party; (iii) is lawfully disclosed to the Receiving Party by any other third party not bound by any confidentiality obligation with respect to such information; or (iv) is independently developed by the Receiving Party. For the avoidance of doubt, the Services are MaxMind's Confidential Information.
  2. The parties acknowledge that each party may have access to Confidential Information of the other party. Each party shall use reasonable care to protect the Confidential Information of the other party. In that regard, each party shall restrict access to Confidential Information to employees, contractors, and third parties as is reasonably required to exercise its rights and fulfill its obligations under this Agreement and only if such persons are subject to nondisclosure restrictions at least as protective as those set forth in this Agreement. Neither party shall, without prior written approval of the other party, use for such party's own benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of the Disclosing Party, any Confidential Information. The Receiving Party may disclose Confidential Information of the Disclosing Party if required to do so under applicable law, rule or order, provided that the Receiving Party discloses no more Confidential Information of the Disclosing Party than is reasonably necessary in order to respond to the required disclosure, and provided further that where reasonably practicable and to the extent legally permissible, you will provide MaxMind with prior written notice of any required disclosure so that MaxMind may seek a protective order or other appropriate remedy. You are responsible for the acts and omissions of any third parties to whom you have sublicensed any Services and/or with whom you have shared data from any Services.

6. Personal data

The parties hereby agree to and incorporate by reference the DPA, which shall apply to the extent the parties process any Personal Information (as defined in the DPA) in connection with your use of the Services and to the extent as modified herein. Solely for purposes of this Agreement, the following modifications of the DPA shall apply:

  1. The last text box listed in Schedule 1.2 Section (B) (Description of Transfer) of the DPA shall be modified to include the additional information: "Snowflake Inc. facilitates access to the GeoLite Databases for periods that are necessary or useful for the provision of the Services."
  2. Schedule 2 (Subprocessors) of the DPA shall be modified to include the additional information: "Subprocessor: Snowflake Inc.; Brief Description of Processing: Facilitating access to the GeoLite Databases; Datacenter Locations: the data center locations specified in your Snowflake account".

The provisions of the DPA relating to the processing of Personal Information (as defined in the DPA) as modified in this Section shall control over any conflicting provisions elsewhere in this Agreement. For the removal of doubt, the DPA is subject to the limitations of liability set forth in this Agreement.

7. Security

You will maintain reasonable and appropriate technical and organizational measures for the protection of the security, confidentiality, and integrity of any information you receive from MaxMind including without limitation, from the Services (including protection against unauthorized or unlawful processing and against accidental or unlawful destruction, loss, or alteration or damage, unauthorized disclosure of, or access to, such data). In the event you discover a data incident involving any such information, you shall promptly notify MaxMind (by emailing MaxMind at the address listed in the Notices section of this Agreement) and fully cooperate with MaxMind, at your own expense, in remediating the incident.

8. Changes to the Agreement/termination

  1. The term of this Agreement shall start when you click on the word "Get" and shall continue until the Agreement is terminated in accordance with the terms of this section.
  2. MaxMind may amend this Agreement at any time. Any such amendment(s) shall be binding and effective upon the earlier of (i) the date that is thirty (30) days after the posting of the amended Agreement on the Website or (ii) the date that MaxMind provides notice to you of the amended Agreement. You may immediately terminate this Agreement upon written notice to MaxMind if a change is unacceptable to you. Your continued use of the Services following notice to you of a change shall constitute your acceptance of the change.
  3. This Agreement shall terminate immediately if, within the reasonable judgment of MaxMind, you materially breach any material term or condition of this Agreement and fail to remedy the breach within ten (10) days of receipt of written notice thereof stating MaxMind's intent to terminate upon non-cure of the breach. MaxMind may immediately terminate this Agreement if MaxMind reasonably believes that terminating this Agreement is necessary for MaxMind to comply with any legal obligation. Your failure to comply with the Restrictions is a breach of a material term of this Agreement.

9. No consequential damages/limitation on liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL MAXMIND OR ANY RELATED PARTY OR SUPPLIER BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, OR DATA, THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF OR THE INABILITY TO ACCESS AND USE THE SERVICES, WHETHER IN AN ACTION IN CONTRACT, TORT, PRODUCT LIABILITY, STRICT LIABILITY, STATUTE, OR OTHERWISE EVEN IF MAXMIND HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. THE TOTAL LIABILITY OF MAXMIND, IN CONNECTION WITH THIS AGREEMENT IS LIMITED TO THE AMOUNT OF FEES ACTUALLY PAID BY YOU, IF ANY, UNDER THIS AGREEMENT DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO LIABILITY. YOU HEREBY RELEASE MAXMIND AND ITS AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.

10. No warranties/availability

MAXMIND FURNISHES THE SERVICES ON AN AS-IS, AS-AVAILABLE BASIS. MAXMIND MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THEIR CAPABILITY, ACCURACY, OR COMPLETENESS. ALL WARRANTIES OF ANY TYPE, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE EXPRESSLY DISCLAIMED. FURTHERMORE, SINCE AVAILABILITY OF SERVICES OFFERED THROUGH THE WEBSITE IS DEPENDENT UPON MANY FACTORS BEYOND MAXMIND'S CONTROL, MAXMIND DOES NOT GUARANTEE THE UNINTERRUPTED AVAILABILITY OF ANY SUCH SERVICES. ANY SUCH SERVICES MAY BE INOPERATIVE AND/OR UNAVAILABLE DUE TO TECHNICAL DIFFICULTIES OR FOR MAINTENANCE PURPOSES, AT ANY TIME AND WITHOUT NOTICE. WHILE MAXMIND DOES NOT WARRANT THAT THE MAXMIND WEBSITE IS FREE OF HARMFUL COMPONENTS, MAXMIND SHALL MAKE COMMERCIALLY REASONABLE EFFORTS TO MAINTAIN THE WEBSITE FREE OF VIRUSES AND MALICIOUS CODE.

11. Indemnification

You will indemnify and hold MaxMind and its affiliates harmless from and against any and all claims, causes of action, liabilities, penalties, costs or expenses (including reasonable attorney's fees) incurred by MaxMind or any affiliate thereof as a result of your breach of any of the terms of this Agreement, including the DPA.

12. Miscellaneous

  1. Governing law. This Agreement shall be governed and interpreted pursuant to the laws of the Commonwealth of Massachusetts, applicable to contracts made and to be performed wholly in Massachusetts, without regard to principles of conflicts of laws. You specifically consent to personal jurisdiction in Massachusetts in connection with any dispute between you and MaxMind arising out of this Agreement. You agree that the exclusive venue for any dispute hereunder shall be in the state and federal courts in Boston, Massachusetts. This Agreement shall be construed and interpreted in English, and any translation hereof to a language other than English shall be for convenience only.

  2. Notices. MaxMind shall provide you with notice in writing and sent by email or first class mail or equivalent to the email address or physical mailing address listed in the account portal as being associated with your account. You may update your notice contact information by updating it in the account portal.

    You shall provide notice to MaxMind in writing and sent by email (with confirmation of delivery) or first class mail or equivalent at the following address:

    Email: legal@maxmind.com
    MaxMind, Inc.
    51 Pleasant Street #1020
    Malden, MA 02148
    U.S.A.

    Notices relating to security incidents or data incidents should be sent to: alert@maxmind.com

    MaxMind may change its notice contact information by updating it in this Agreement.

  3. Application Program Interfaces. MaxMind may facilitate your access to certain application program interfaces ("APIs") for use with the Services. Some APIs may have been developed by third parties. MaxMind and you acknowledge that the APIs are not Services as defined in this Agreement and that MaxMind does not provide any warranties for the APIs. Any copying, implementation, or other use of any APIs provided to you by MaxMind is subject to the license terms distributed with such APIs or their associated software or documentation.
  4. Complete Agreement. This Agreement (which includes the DPA) represents the entire agreement between you and MaxMind with respect to the subject matter hereof and supersedes all previous representations, understandings, or agreements, oral and written, between the parties regarding the subject matter hereof.
  5. No third party beneficiaries. Nothing in this Agreement shall convey any rights upon any individual or entity that is not a party to this Agreement.
  6. Injunction/specific performance. You agree and acknowledges that MaxMind's ownership and confidentiality rights to the Services are essential to MaxMind's business viability and therefore are of a unique and special nature and that MaxMind will not have an adequate remedy at law in the event of your actual or threatened failure to abide by the terms and conditions of Section 3 (Restrictions) of this Agreement, nor will money damages adequately compensate for such an actual or threatened violation thereof. It is, therefore, agreed that for any actual or threatened violation of the terms and conditions of Section 3 (Restrictions) of this Agreement, MaxMind may, without waiving any other rights or remedies, seek injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction, without obligation to post any bond.
  7. Failure to enforce. The failure of MaxMind to enforce any provisions of this Agreement shall not constitute or be construed as a waiver of such provision or the right to enforce it at a later time.
  8. Supervening event. Notwithstanding anything to the contrary in this Agreement, either party may terminate this Agreement or cancel an order for specific Services if any law, rule or regulation applicable to such party or the Services prohibits such party from providing or receiving the Services or from making or receiving the payments contemplated hereby (a "Supervening Illegality Event"). A party may terminate this Agreement under this section immediately by providing written notice if the Supervening Illegality Event cannot reasonably be cured by the parties. If a Supervening Illegality Event can be cured by the parties, the parties agree to work together in good faith to cure, and this Agreement may only be terminated by a party under this section following such party's good faith efforts to cure the Supervening Illegality Event.
  9. Severability. Should any provision of this Agreement be held void, invalid, or inoperative, such decision shall not affect any other provision hereof, and the remainder of this Agreement shall be effective as though such void, invalid, or inoperative provision had not been contained herein.
  10. Assignment. You may not assign this Agreement without MaxMind's prior written consent. MaxMind may assign its rights and obligations under this Agreement without your consent.
  11. Survival. Those provisions that by their nature are intended to survive termination of this Agreement shall so survive.

13. Confirming use case compliance

MaxMind may request information regarding your use of the Services therein for the purpose of confirming that your use of the Services is for a Non-Commercial Purpose. You agree to promptly respond to MaxMind's requests for information regarding your use case and to provide such follow up information as MaxMind reasonably determines is necessary. To the extent that following this discussion MaxMind determines that your use of the Services is for a Commercial Purpose you will be required to stop such use of the Services until you have entered into an Order Form or other agreement that explicitly permits such use of the Services.