Couchbase Capella Supplemental Terms

These Couchbase Capella Supplemental Terms (“Terms”) govern your use of certain features and functionalities (each, a “Feature“) accessible in or through the Couchbase Capella Cloud Service (“Capella”). By accessing or using a Feature, you agree to these Terms on behalf of the applicable entity or organization you represent. These Terms are incorporated by reference into either the executed agreement between you and Couchbase, Inc. (“Couchbase,” “we,” or “us”) which governs your use of Capella or, if you do not have such an executed agreement, the Capella Master Service Agreement available at https://www.couchbase.com/capella-terms/, as updated from time to time (in each case, the “Agreement”). Capitalized terms not defined in these Terms have the same meaning as in the Agreement.

I. Capella iQ & Capella AI Services

This section applies to artificial intelligence functionalities accessible in or through Capella, including those currently branded as Capella iQ and Capella AI Services.

1. Definitions.

a. “Customer Input” means the text or other prompt (including search terms and commands) that you or an Authorized User enter into the Feature.

b. “Feature Output” means the text or other output provided to you in response to Customer Input.

c. “LLM” means a Large Language Model.

2. Use of the Feature.

a. Depending on how you configure and use Capella and the Feature, Couchbase shall transmit Customer Input to an LLM offered by a third-party service provider, an LLM embedded within Capella, or an LLM that you connect to Capella. Couchbase may modify Customer Input by conveying additional directions or context to the LLM.

b. Until further notice and notwithstanding anything to the contrary in the Agreement, the Feature is provided without support or performance guarantees of any kind. This means Feature downtime shall not be included in Downtime and therefore shall not result in eligibility for Service Credits.

c. Without limiting the generality of the Agreement, you may not: (i) use the Feature in a way that infringes, misappropriates, or violates any person’s rights or violates any usage guidelines (including any applicable LLM provider terms of use), or to perform or facilitate dangerous, illegal, or malicious activities; (ii) reverse assemble, reverse compile, decompile, translate, or otherwise attempt to discover the source code or underlying components of models, algorithms, or systems of the Feature (except to the extent such restrictions are contrary to applicable law); (iii) use Feature Output to develop models that compete with Couchbase software or compete with any associated machine learning models or related technology; (iv) use any automated or programmatic method to extract data or output from the Feature, including scraping, web harvesting, or web data extraction; (v) represent that Feature Output was human-generated; or (vi) send Couchbase any (I) personal information of children under the age of 13 or otherwise under the applicable age of digital consent, or (II) information that includes or constitutes “Protected Health Information,” as defined under the HIPAA Privacy Rule (45 C.F.R. Section 160.103), in each case without prior written agreement by us.

d. You agree that, if you use the Feature to process any personal data, then: (i) you instruct Couchbase and its third-party service providers to process such personal data; (ii) the DPA as incorporated in the Agreement shall apply to Couchbase’s processing of such personal data; and (iii) you agree that the third-party service providers used to provide the Feature are hereby added as authorized Subprocessors (as such term is defined in the DPA).

3. Responsibility for Customer Input.

a. You are solely responsible for Customer Input, and you represent and warrant that you have all necessary rights and licenses to submit any Customer Input.

b. You are solely responsible for determining whether you will use an LLM in connection with your use of Capella, and for establishing and enforcing policies and procedures regarding how your Authorized Users access and use the Feature.

4. Responsibility for Use of Feature Output and Warranty Disclaimer.

a. You are solely responsible for determining whether and how to use Feature Output.

b. You acknowledge that use of LLMs may involve risks, including inaccurate output or the inclusion of harmful code. The Feature may sometimes provide inaccurate content or content that does not reflect Couchbase’s views. Couchbase does not review or evaluate the quality or accuracy of Feature Output, and Couchbase makes no representations or warranties regarding the quality or accuracy of Feature Output. Feature Output may not be unique across users and the Feature may generate the same or similar output for a third party. FOR THE AVOIDANCE OF DOUBT, THE FEATURE IS PROVIDED AS-IS AND WITHOUT ANY WARRANTY OR INDEMNITY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COUCHBASE DOES NOT MAKE ANY WARRANTY AS TO THE FEATURE OR FEATURE OUTPUT. YOU UNDERSTAND AND AGREE THAT ANY USE OF THE FEATURE, INCLUDING FEATURE OUTPUT, IS AT YOUR SOLE RISK.

5. Proprietary Rights.

a. As between Customer and Couchbase, Couchbase and its licensors retain all right, title and interest in and to the Feature (including any and all improvements, enhancements or modifications thereto), as well as associated Documentation, including all intellectual property rights therein, and nothing in these Terms will be construed as conferring by implication, acquiescence, estoppel, or otherwise, any such license or other right upon Customer. Couchbase hereby grants to Customer a limited, non-exclusive, worldwide right and license to use the Feature, subject to the restrictions in the Agreement.

b. As between Customer and Couchbase, Customer retains all right, title and interest in and to the Customer Input and Feature Output. Customer hereby grants to Couchbase a perpetual, non-exclusive, royalty-free, worldwide right and license to use, display, host, copy, process, archive, transmit, modify, or create any derivative works based on Customer Input or Feature Output to provide and improve the Feature and Capella in accordance with the Agreement, as well as for Couchbase’s internal business purposes. Customer represents and warrants and shall ensure that it has the right to provide such right and license and that neither the Customer Input itself nor its use by Customer or Couchbase for permitted purposes under these Terms or the Agreement shall violate any applicable law or infringe, misappropriate or otherwise violate any rights of any third party, including intellectual property rights or privacy rights.

6. Fees. You agree to pay all fees charged to your account consistent with the terms of the Agreement, including any charges related to your use of the Feature. Couchbase may change the charges and prices associated with the Feature at any time, and any such price changes will be effective immediately.

7. Modifications. We may modify or update these Terms, as well as access to and the functionality of the Feature, from time to time at our sole discretion, so we encourage you to review these Terms periodically. Your continued use of the Feature after any such change constitutes your acceptance of any such modifications to these Terms.

Last updated: December 2nd, 2024