SPECIFIC TERMS FOR SPLUNK OFFERINGS

Last updated: October 2020

Additional terms apply to certain Splunk Offerings. The below terms apply to your Purchased Offerings as applicable and are incorporated into the Splunk General Terms.
Splunk Cloud

  1. Service Description

    https://docs.splunk.com/Documentation/SplunkCloud/latest/Service/SplunkCloudservice

  2. Security and Protection of Customer Content on Splunk Cloud.

    Splunk maintains administrative, physical and technical safeguards to protect the security of Customer Content on Splunk Cloud as set forth in the Splunk Cloud Security Addendum located at https://www.splunk.com/en_us/legal/splunk-cloud-security-addendum.html (“Cloud Security Addendum”).

    Splunk’s security safeguards include, without limitation, employee (and contractor, as applicable) security training, background testing and confidentiality obligations. Splunk’s security controls adhere to generally accepted industry standards, are subject to audit by third-parties (as described in the Cloud Security Addendum), and are designed to (a) ensure the security and integrity of Customer Content; (b) detect and protect against threats or hazards to the security or integrity of Customer Content; and (c) prevent unauthorized access to Customer Content.

  3. Service Level Schedule – Splunk Cloud

    Splunk’s Splunk Cloud Service Level Schedule, set forth at https://www.splunk.com/en_us/legal/splunk-cloud-service-level-schedule.html, will apply to the availability and uptime of the Splunk Cloud, subject to planned downtime and any unscheduled emergency maintenance according to Splunk’s Maintenance Policy referenced in the Splunk Service Level Schedule. Customer will be entitled to service credits for downtime in accordance with the applicable Service Level Schedule.

  4. Data Usage Policy for Splunk Cloud

    For Subscriptions based on Maximum Daily Indexing Volume, Customer is entitled to periodically exceed the daily volume purchased by Customer in accordance with Splunk’s data ingestion and daily license usage policy set forth at http://docs.splunk.com/Documentation/SplunkCloud/latest/User/DataPolicies#Data_ingestion_and_daily_license_usage.

Splunk On-Call

  1. Service Description

    The Splunk On-Call service includes the online software service via http://www.VictorOps.com (or at such other URL as may be designated from time to time), including related application programming interfaces, interactive discussion areas, Customer accounts and profiles, mobile applications, and other related components thereof, on an individual and collective basis.

  2. Additional Users

    If Customer wants to add additional permitted users, Customer can do so through the Offering administrative portal, and either (i) Splunk will immediately charge Customer’s credit card for the prorated amount for the current term, or (ii) if Customer does not have a credit card on file, then Splunk will invoice Customer for the additional permitted users in accordance with the Terms.

  3. Necessary Integrations

    Customer acknowledges and agrees that in order to provide certain features and functionalities of the Splunk On-Call service to Customer, Customer must allow the Splunk On-Call service communication with or access to Customer’s account(s) with other third party service providers to retrieve, manipulate, process, and modify data (“Process”), and you expressly consent to the Splunk On-Call service accessing those accounts to Process that data solely as is necessary to provide the Splunk On-Call service. If the Splunk On-Call service cannot for any reason access your third-party accounts or Process that data, Splunk may not be able to provide Customer those features or functionalities, and Splunk will be excused from any nonperformance. Certain features and functionalities of the Splunk On-Call service require interaction with Customer’s other third-party service providers, for instance, through APIs belonging to those third parties. Customer consents to Splunk interacting with Customer’s other third party service providers in order to provide Customer requested features and functionality, and Customer acknowledges that Splunk is not responsible or liable for the accuracy, content, appropriateness, or completeness of data or content Splunk receives from those third parties.

  4. Support

    Splunk On-Call support is provided via the following portal: https://victorops.com/contact-support/.

Splunk Observability

  1. Service Descriptions

    Splunk Infrastructure Monitoring and Splunk APM services are described here: https://docs.signalfx.com/en/latest/

  2. Subscription Limits. The service is purchased as a subscription. Each subscription plan is defined by the subscription capacity limits as described in the applicable Order (the “Subscription Limits”).
  3. Usage Measurement for Splunk Infrastructure Monitoring. Splunk measures Customer’s maximum concurrent usage of each component in the Subscription Limits on an hourly basis. At the end of each monthly billing cycle, Splunk measures the monthly usage at the average of all hourly measurements during that monthly billing cycle (the “Infrastructure Monitoring Monthly Usage Level”).
  4. Usage Measurement for Splunk APM. Splunk measures Customer’s maximum concurrent usage of each component in the Subscription Limits on a per minute basis. At the end of each monthly billing cycle, Splunk will calculate the average usage across all per minute measurements of the monthly billing cycle, as well as 50% of the peak of all the per minute measurements of the monthly billing cycle (peak/2). The higher value of the two will determine the use for that monthly billing cycle (the “APM Monthly Usage Level”).
  5. Subscription Limits Enforcement. If Customer’s Infrastructure Monitoring Monthly Usage Level and/or APM Monthly Usage Level exceeds the contractual Subscription Limits, Customer agrees to pay Splunk an overage fee (the “Overage Fee”) based upon overage pricing as specified in the Order (the “Overage Rate”), or Splunk may, at its sole discretion, limit Customer’s ability to monitor new Hosts, Containers, Traces or Metrics until it conforms to the contractual Subscription Limits; provided however, that to help Customer avoid improperly incurring fees, if Customer’s Usage at any time during the term of the General Terms significantly exceeds the Customer’s contractual Subscription Limits (as determined by Splunk at its sole discretion), Splunk may limit Customer’s ability to monitor new Hosts, Containers, Traces or Metrics, irrespective of Customer’s Infrastructure Monitoring Monthly Usage Level and/or APM Monthly Usage Level.
  6. Security and Protection of Customer Content on Splunk Infrastructure Monitoring and Splunk APM.

    Splunk maintains administrative, physical and technical safeguards to protect the security of Customer Content on Splunk Infrastructure Monitoring and Splunk APM services as set forth in the Security Addendum located at https://www.splunk.com/en_us/legal/splunk-signalfx-security-addendum.html (“Security Addendum”).

    Splunk’s security safeguards include, without limitation, employee (and contractor, as applicable) security training, background testing and confidentiality obligations. Splunk’s security controls adhere to generally accepted industry standards, are subject to audit by third-parties (as described in the Security Addendum), and are designed to (a) ensure the security and integrity of Customer Content; (b) detect and protect against threats or hazards to the security or integrity of Customer Content; and (c) prevent unauthorized access to Customer Content.

  7. Definitions. The following definitions are applicable to Orders for Splunk Infrastructure Monitoring and Splunk APM services.

    "Analyzed Trace" means a trace that was sent to and processed by the Splunk APM.

    "APM Identities" means the count of all unique spans and initiating operations across all service endpoints for metricization. Additional dimensions on these, specified as select span tags, create further Identities based on the count of values of those tags.

    “Container” means a stand-alone, executable package of software that includes application software and sufficient operating system libraries to run in isolation but shares the underlying operating system with other Containers.

    “Custom Metric” means any Metric that is not automatically collected and reported as part of Splunk’s standard Host-based integrations.

    “Data” means information or other materials that you transmit to, upload to, or store in the service under your Account.

    “High Resolution Metric” means any Metric reported to Splunk that is specifically identified as a High-Resolution Metric by Customer in a manner specified by Splunk in the service documentation. Any Metric with such designation shall be processed by Splunk at a resolution no coarser than the native reporting resolution or 1-second, whichever is coarser, and shall be retained according to the Metric retention policy of the service edition purchased.

    “Host” means a virtual machine or physical server with a dedicated operating system.

    “Metric” means any unique combination of a Metric name and dimension value reporting data to Splunk within the last hour.

    “Monitoring MetricSet” means a set of metrics created by default for certain components in a monitored distributed application and designed to alert on changes in application performance. A Monitoring MetricSet includes metrics such as request rate, error rate, and latency percentiles.

    “MTS” means Metric Time Series.

    "Retained Trace" means a trace that has been stored in Splunk cloud after having been analyzed by Splunk APM.

    "Span" means an area of code instrumented to be captured as part of a recorded transaction (eg. rpc, function). Each service can have many spans. At a minimum, there will be 2 spans - inbound and outbound to the service.

    “TAPM” means Trace Analyzed Per Minute.

    "Trace" means an array of spans represented as a Directed Acyclic Graph.

    “Trace Retained Per Minute” means the number of traces retained as representative data set to report on application performance.

    “Trace Volume” means amount of trace data per minute that customers pay for to be ingested by the Splunk Observability system.

    “Troubleshooting MetricSet” means a set of metrics created by default for certain components in a monitored distributed application and designed to enable detailed analysis and troubleshooting of an application. A Troubleshooting MetricSet includes metrics such as the request rate, error rate, root-cause error rate and latency percentiles.

Splunk Business Flow

  1. Definitions.

    The following definitions are applicable to Splunk Business Flow.

    “Application Services” means the web-based, cloud service component that powers functionality of Splunk Business Flow.

    “Flow Model” refers to a grouping of discrete information which represents a transaction, session, or other business process that is configured within Splunk Business Flow.

    “Private Flow Model” means a Flow Model that is solely for use by administrators for testing, configuration and preview of Flow Models.

    “Splunk Business Flow” means the Splunk Business Flow service that uses event data to facilitate the exploration and visualization of end-to-end business processes through Flow Models and will include any and all successors, replacements, new versions, derivatives, updates and upgrades thereto made available to Customer by Splunk. Splunk Business Flow includes a downloadable software component and functionality powered by the Application Services.

  2. Customer Use of Splunk Business Flow. For the avoidance of doubt, data ingested for use with Splunk Business Flow counts against Customer’s Capacity purchased for the applicable Purchased Offering (i.e., the Purchased Offering with which Customer uses Splunk Business Flow).
  3. Additional License Restriction. Unless otherwise expressly permitted by Splunk, Customer may not and may not permit any third party to use Private Flow Models for purposes other than testing, configuration or preview of Flow Models by an authorized administrator of Splunk Business Flow.
Splunk Mission Control

  1. Service Description:

    https://docs.splunk.com/Documentation/MC/Current/Service/SplunkMissionControlService

  2. Security:

    Customer hereby acknowledges and agrees that Splunk Mission Control has not yet undergone a security audit by an independent third party and therefore does not have SOC2 or ISO27001 certification. The security terms in Splunk’s Cloud Security Addendum do NOT apply. Customer may not upload or transmit to this environment any regulated data, such as financial information (including PCI-DSS data), protected health information, ITAR data or classified information.