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This is an old version of the document, which expired on March 13, 2025. The current version is available at: https://docs.nebius.com/legal/specific-terms/applications. This document (the “Terms”) contains specific Terms of Use of Nebius Applications Service (the “Service”) and is an integral part of Nebius Services Agreement. Capitalized terms used herein but not defined herein shall have the meanings set forth in Nebius Services Agreement.

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1. Definitions

  • License Agreement means a legally binding agreement between the Software Product Owner and a Customer (that can be in the form of an electronic shrinkwrap license or other similar license) that provides such Customer with a non-exclusive license to use the applicable Software Product on Platform.
  • Service means a catalogue of Software Products published by Nebius on the Platform in order to provide Customers with access to such Software Products via Platform.
  • Software Product means any software product or a set of data published on Service.
  • Software Product Owner/Owner means a legal entity that holds the rights to Software Product offered on Service.

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2. Functional Features of the Service

2.1. Nebius provides Customer with the Service that allows Customer to install Software Products owned by Software Product Owners on Managed Service for Kubernetes®. Further use of the Managed Service for Kubernetes® is regulated in accordance with the Terms of Use of Managed Service for Kubernetes® (https://docs.nebius.com/legal/specific-terms/managed-kubernetes). 2.2. A catalogue of Software Products available to Customer can be found in the appropriate section of the Site or Management Console. 2.3. Software Product Owner can set requirements to infrastructure parameters and characteristics that Customer must meet in order to be able to use Software Products. 2.4. Software Product description may contain URL links enabling transition to websites/web pages that are not controlled by Nebius (the “Linked Websites”). Nebius shall not be responsible for Linked Websites (or any hyperlinks or URLs contained thereon), including, but not limited to, their content, security, or privacy. Any access provided by Nebius to Linked Websites is provided solely for the convenience of Customer, and the inclusion of any link to Linked Website does not imply that Nebius approves Linked Website.

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3. Pricing

3.1. Use of Service is free of charge. Use of specific Software Products may be subject to a fee payable to the Software Owner under a License Agreement. 3.2. The use of Managed Service for Kubernetes® for the Software Product is billed separately in accordance with the Terms of Use of the Managed Service for Kubernetes® (https://docs.nebius.com/legal/specific-terms/managed-kubernetes).

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4. Software Product

4.1. Details of Software Product Owner, description of Software Product, special terms and conditions of access to Software Product, and the terms and conditions of License Agreement with Software Product Owner are published on the relevant page of Software Product on Service and are binding for Customer. Unless expressly stated otherwise, Nebius is not a Software Product Owner. 4.2. Nebius does not assure the accuracy, truthfulness, and completeness of the Software Product description provided by the Software Product Owner and posted on the Service. 4.3. By using a Software Product, Customer accepts the terms and conditions of License Agreement specifying the terms and conditions of the license provided by the Software Product Owner and regulating the use of Software Product by Customer. If Customer cannot find applicable License Agreement on Service, Customer should immediately notify Nebius about that. 4.4. Any technical support for Software Product may be provided by the applicable Owner on terms agreed between the Owner and the Customer. 4.5. In no event shall Nebius be treated as a party to License Agreement and/or technical support agreement between Customer and a third party, except when Nebius is expressly identified as Software Product Owner and is a direct party to the License Agreement and/or the technical support agreement. 4.6. Software Product offered by the Owner may contain additional requirements as to privacy policy and terms of use that are not included herein and/or in Nebius Services Agreement. Customer shall read the applicable additional terms of use before using Software Product, and if Customer does not agree to the applicable terms of the Software Product, such Customer shall not use that Software Product. 4.7. Nebius reserves the right to moderate Software Products posted on Service, including, but not limited to, remove Software Products from Service or terminate (temporarily or permanently) Customer’s access to the Service (or individual functions thereof) and/or access to a Software Product on Service subject to a prior notice of removal of Software Product to be given where practicable before such Software Product becomes unavailable on the Service for security reasons or as a result of a material breach of these Terms, other legal agreements, Nebius regulations/standards, or applicable law by Customer.

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5. Limitation of Liability

5.1. In no event shall Nebius be liable for Software Products offered on Service, except when Nebius is expressly identified as Software Product Owner and is a direct party to the License Agreement. Each Software Product Owner sets the level of service provided to Customers at its sole discretion. 5.2. Nebius does not provide any сustomer support whatsoever with respect to any Software Products offered on Service by other Owners. In case of any question or issue, the Customer should directly contact the applicable Owner. 5.3. If access to Service and/or to a Software Product is terminated in accordance with Clause 4.7., Customer may lose the data/files that are stored on Service / Software Product, and Nebius shall not be liable for the loss of such data. 5.4. Customer shall be liable for its (including its end-users) use of Software Products in compliance with License Agreements established by the applicable Owners, as well as for any consequences of violation thereof, including any loss or damage suffered by Nebius. 5.5. Nebius shall not be liable for any third-party claims related to Software Products, except when Nebius is expressly identified as Software Product Owner and is a direct party to the License Agreement. Nebius is not responsible for the violation of the rights of third parties resulting from the actions of third parties - Owners, committed using the Platform.

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6. Representations and Restrictions

6.1. Unless otherwise expressly allowed by a separate agreement with the Software Product Owner, Customer, including Customer’s end users, shall not: 6.1.1. copy, sell, license, distribute, decrypt, modify, adapt, create derivative works based on, decompile, reverse engineer, disassemble, or attempt to derive the source code of the Software Products other than allowed by applicable law, or perform any action involving the source code or the object code of the Software Product with the intention to obtain information about implementation of the algorithms used in the Software Product, or otherwise use or cause to use the Software Product, any component thereof, or other data, without the written consent of the Software Product Owner; 6.1.2. perform any action with the intention to circumvent or violate the security rules of the Platform implemented through any function or technology; 6.1.3. use Software Products to receive, copy, transfer, recode, or retransmit any content in violation of applicable law or third-party rights; 6.1.4. delete, obscure, or alter any copyright notice, trademark, or other proprietary rights notices of Nebius or third parties that are enclosed to, or contained in Software Products; 6.1.5. reproduce, duplicate, copy, sell, exchange and/or resell Software Products from the Service for any purpose. 6.2. Compliance. Customer represents and warrants that Customer’, including its end-users’, use of Service complies with these Terms and with all laws applicable to its provision, receipt, or use of Service and the Software Products, as applicable. 6.3. Customer will defend Nebius and anyone on its behalf and indemnify them against any third-party legal proceeding to the extent arising from Customer’s violation of these Terms.

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7. Modifications

7.1. To Service. Nebius may make reasonable updates to Service (including fee changes) from time to time. Nebius is not obliged to notify Customers about such updates. 7.2. To these Terms. Nebius may make changes to these Terms from time to time. Nebius will provide notice of material changes. Unless otherwise noted, changes to this Terms do not result in changes to any Owners’ License Agreements. 7.3. Customer’s continued use of Service and/or Software Products after any modification as specified above, will constitute Customer’s consent to such changes.

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8. Miscellaneous

8.1. Notices. Under these Terms, notices to Customer shall be sent to the email address provided by the Customer, and notices to Nebius must be sent to support@nebius.ai. Notice will be treated as received when the email is sent. Customer is responsible for keeping its email address updated. 8.2. No Waiver. Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under these Terms. 8.3. No Third-Party Beneficiaries. These Terms do not confer any benefits on any third party unless it expressly states that it does. Web address: https://docs.nebius.com/legal/specific-terms/applications Publication date: October 23, 2024