These Splunk Observability Free Edition Terms of Use (“Free Edition Terms”) govern your access to and use of the free version of Splunk Observability (“Free Edition Offering”). By accessing or using the Free Edition Offering, you agree to be bound by these Free Edition Terms in addition to the Splunk General Terms.

1. Relationship to General Terms

The Free Edition Offering is a “Free Offering” as described in Section 1.4(d) of the Splunk General Terms. These Free Edition Terms supplement the Splunk General Terms. In the event of a conflict between these Free Edition Terms and the Splunk General Terms regarding the Free Edition Offering, these Free Edition Terms will control.

2. Usage Limits and Consumption

2.1 No Time Limit. The Free Edition Offering is not limited to a specific time duration and will remain available to you until terminated in accordance with these terms.

2.2 Consumption Thresholds. Use of the Free Edition Offering is subject to specific consumption thresholds (e.g., data ingestion limits, host counts, or trace limits) as specified by Splunk in the product documentation or within the service interface.

2.3 Throttling. Splunk reserves the right, at its sole discretion, to throttle, limit, or prioritize your use of the Free Edition Offering.

3. Modification and Termination

3.1 Right to Modify or Terminate. Splunk may, at any time and for any reason (or no reason), and without prior notice or liability to you:

• Modify the features, functionality, or consumption thresholds of the Free Edition Offering;
• Suspend your access to the Free Edition Offering, which may subsequently be followed by termination at our sole discretion; or
• Terminate the Free Edition Offering entirely.

3.2 Deactivation for Inactivity. Splunk reserves the right to deactivate or terminate any Free Edition Offering account that has shown no activity for a period of thirty (30) consecutive days or longer. Splunk is under no obligation to retain any data associated with a deactivated account.

4. Compliance and Acceptable Use

Your use of the Free Edition Offering is strictly subject to your ongoing compliance with:

• The Splunk General Terms;
• Any applicable Specific Offering Terms related to Splunk Observability; and
• The Cisco Acceptable Use Policy.

5. Authorized Users and Access Restrictions

5.1 Employer Access. Access to the Free Edition Offering is limited to you and other individuals acting on behalf of the same employer or legal entity as your authorized users, and solely for your Internal Business Purposes as defined in the Splunk General Terms.

5.2 No Service Bureau. You may not use the Free Edition Offering in a service bureau model, as a managed service, or otherwise use the offering to process data on behalf of third parties.

5.3 Third-Party Access. You shall not allow any third party to access or use the Free Edition Offering. Notwithstanding the foregoing, you may permit your third-party service providers to access the offering solely as your agents, provided such access is in furtherance of providing services specifically to you and such providers agree to abide by these terms. You remain responsible for any breach of these terms by your service providers or users.

6. Disclaimer of Indemnification and Warranties

6.1 No Indemnification. Notwithstanding anything to the contrary in the Splunk General Terms, Splunk shall have no obligation to indemnify, defend, or hold you harmless against any claims, losses, or damages arising out of or in connection with your use of the Free Edition Offering.

6.2 No Warranties. THE SERVICE IS PROVIDED “AS-IS” AND “AS-AVAILABLE” WITHOUT WARRANTY OF ANY KIND. SPLUNK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPLUNK’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE FREE EDITION TERMS OR YOUR USE OF THE FREE EDITION OFFERING EXCEED ZERO DOLLARS ($0.00). THIS LIMITATION APPLIES REGARDLESS OF THE FORM OR SOURCE OF THE CLAIM OR THE THEORY OF LIABILITY.