IF YOU ARE ALSO A CROWDSTRIKE CUSTOMER THE USE OF THE MARKETPLACE IS GOVERNED BY THESE TERMS ALONE AND NO OTHER AGREEMENT CROWDSTRIKE HAS WITH YOU APPLIES. THE SUBJECT MATTER OF THESE TERMS IS WHOLLY SEPARATE FROM, AND THESE TERMS DO NOT GOVERN, YOUR USE OF ANY CROWDSTRIKE PRODUCT OR FEATURE.
IF YOU ARE A MARKETPLACE CONTRIBUTOR, YOUR USE OF THE CROWDSTRIKE MARKETPLACE IS GOVERNED BY THESE TERMS AND THE CROWDSTRIKE MARKETPLACE LISTING TERMS.
1. Updating the Terms. We may revise and update these Terms from time to time in our sole discretion. Your continued use of the Marketplace following the posting of revised Terms means that you accept and agree to the changes. When accepted by you, the revised Terms automatically supersede the prior version. New Terms apply prospectively only.
2.1 “Affiliate” means any entity that a party directly or indirectly controls (e.g., subsidiary) or is controlled by (e.g., parent), or with which it is under common control (e.g., sibling).
2.2 “CrowdStrike Marketplace” or “Marketplace” means the web pages and online marketplace located at marketplace.crowdstrike.com or any other webpage, application, interface, service or in-product experience at which CrowdStrike makes available or lists Marketplace Contributor Products and information.
2.3 “Marketplace Contributor(s)” means a third party that makes products, services and/or information about itself and its products and services available in the Marketplace or to Marketplace Users.
2.4 “Marketplace Contributor Products” means Marketplace Contributor’s products and services, including but not limited to applications, application programming interfaces, and any updates, upgrades, or new versions that you later use, access or download.
3. CrowdStrike Marketplace.
3.2 Ordering; Licensing; Fees; and Support.
3.2.1 Ordering. Marketplace Contributor Products may be purchased either via a public offer or a private offer.
126.96.36.199 Public Offers. You may purchase Marketplace Contributor Products as posted on the Marketplace at the pricing and subject to the terms as specified in the Materials. To purchase via a public offer you must click the buy-now, or similar link, on the Marketplace and provide the information requested. CrowdStrike will then generate an invoice and invoice you in accordance with the public offer terms.
188.8.131.52 Private Offers. You may purchase Marketplace Contributor Products under the terms of a private offer with the Marketplace Contributors Materials. A private offer may include discounted pricing, negotiated Marketplace Contributor agreement terms, or other subscription terms that are not publicly listed on the Marketplace. If the Marketplace Contributor extends private offer terms, you must sign the private offer form and agree to the terms therein. Signing the private offer form creates a contractual agreement between you and the Marketplace Contributor.
3.2.2 Licensing. Your use of Marketplace Contributor Products is governed by the terms and conditions of an agreement between you and the Marketplace Contributor (“Marketplace Contributor Agreement”). CrowdStrike is not a party to and is not bound by any Marketplace Contributor Agreement. You are responsible for your dealings with Marketplace Contributors. The Marketplace Contributor Agreement does not modify these Marketplace Terms. You should review the Marketplace Contributor Agreement (including privacy terms) before accessing any Marketplace Contributor Products. CrowdStrike does not license any intellectual property to you as part of any Marketplace Contributor Agreement and is not responsible or liable to you or others for information or services provided by any Marketplace Contributor. You are responsible for confirming the Marketplace Contributor’s support obligations for the Marketplace Contributor Products. CrowdStrike is not responsible or liable in any way for the support or maintenance of any Marketplace Contributor Products.
3.2.3 Fees. You will pay all fees and taxes (“Fees”) specified in the applicable invoice provided by, or on behalf of, CrowdStrike for your purchase of Marketplace Contributor Products bought through the Marketplace within 30 days after receipt of the applicable invoice unless otherwise agreed by CrowdStrike in writing. All payments shall be made in U.S. Dollars. All Fees are due as stated in the invoice. Your obligation to pay all Fees and applicable Taxes is non-cancellable.
3.2.4 Taxes. Prices listed for Marketplace Contributor Products are exclusive of all taxes and do not include any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, digital services, use, goods and services, or withholding taxes, assessable by any applicable jurisdiction. For clarity, if any such deduction or withholding (including but not limited to cross-border withholding taxes) is required on any payment, you will pay such additional amount, as necessary, to ensure that the net amount received by CrowdStrike is equal to the amount then due and payable by you for your purchases on the CrowdStrike Marketplace. CrowdStrike may charge, and you will pay, all applicable taxes that it or we are legally obligated or authorized to collect from you. CrowdStrike or the Marketplace Contributor will not collect, and you will not pay, any taxes for which you furnish us a properly completed exemption certificate, direct payment permit certificate, or a validated tax ID or tax number, for which CrowdStrike may claim an available exemption from such taxes where you would self-account or self assess the applicable taxes. You shall indemnify CrowdStrike for any taxes, interest, penalties, or fines, arising from you providing CrowdStrike with an incorrect tax ID, tax number, or an inaccurate tax exemption certificate.
3.2.5 Failure to Pay. You understand and agree that if you do not pay in accordance with the applicable invoice terms, CrowdStrike will notify the Marketplace Contributor of your non-payment. Marketplace Contributor has the right to terminate your use of, and access to, the Marketplace Contributor Products for non-payment. Any amounts due and payable that are unpaid shall bear interest at the maximum annual rate permitted by applicable law until paid in full, which amount, including accrued and unpaid interest, shall be payable upon demand. CrowdStrike may suspend performance under these Terms at any time if you fail to pay invoices when due. Nothing herein limits CrowdStrike’s remedies in the event you fail to pay CrowdStrike.
3.3 User Accounts. You are liable and responsible for all actions and omissions occurring under your user account(s) for the Marketplace. You shall notify CrowdStrike if you learn of any unauthorized access or use of your account or password for the Marketplace.
3.4 Availability. CrowdStrike shall not be liable if, for any reason, all or any part of the Marketplace, including but not limited to, any Marketplace Contributor Products are unavailable at any time or for any period. From time to time, we may restrict access to all or part of the Marketplace, including to the Marketplace Contributor Products to certain Marketplace Users.
3.5 Ownership. Except for the rights explicitly granted to you in the Marketplace Contributor Agreement with respect to the Marketplace Contributor Products, all right, title and interest in the Marketplace and the Marketplace Contributor Products, are reserved and retained by their respective providers. You do not acquire any ownership rights in the Marketplace, or the Marketplace Contributor Products merely as a result of using the Marketplace.
3.6 Feedback. Any feedback, comments, suggestions, communications, or requests for improvements or enhancements relating to the Marketplace (collectively “Feedback”) may be used by CrowdStrike for any purpose without acknowledgement or compensation and CrowdStrike shall have a perpetual, irrevocable, royalty‑free, fully‑paid, sublicensable, transferable, non‑exclusive, worldwide license to make, use, sell, offer for sale, import or otherwise use or commercially exploit for any purpose such Feedback.
3.7 Reviews and Comments. The Marketplace may allow you to post reviews of the Marketplace Contributor Products that you have used, and to post comments on reviews. Reviews and comments that you post may be under your name. If you do not want your name to appear with any reviews or comments, do not post them on the Marketplace. To be useful to other users, your reviews and comments posted on the Marketplace must be made in good faith after reasonable evaluation of the applicable Marketplace Contributor Product. If you do post reviews or comments, you grant CrowdStrike a nonexclusive, royalty-free, fully paid up, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such reviews and comments throughout the world in any media. You must disclose your affiliation if you post a review or comment about your own product or a competitor’s product. We may, but are under no obligation to, monitor or moderate reviews or comments made by users or content provided by contributors and we are not responsible for the accuracy, completeness, appropriateness or legality of anything posted, depicted or otherwise provided by third‐party users and CrowdStrike disclaims any and all liability relating thereto. CrowdStrike reserves the right to remove reviews and comments that are prohibited under, or violate, these Terms.
3.8 Website Links. The Marketplace provides certain links to third party and Marketplace Contributor websites and pages for your convenience only. CrowdStrike has no control over the contents of those websites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third‑party websites linked to the Marketplace, you do so entirely at your own risk and subject to the applicable terms and conditions of use for such websites. CrowdStrike’s inclusion of links to third party websites or pages does not constitute an endorsement of such third parties, their products or services.
4. Prohibited Uses.
4.1 No Illegal, Harmful, or Offensive Use or Content. Marketplace User shall not access, use, or authorize, encourage, promote, facilitate or help others to use, the Marketplace for any illegal, harmful, fraudulent, infringing or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, fraudulent, infringing or offensive. Prohibited activities or content include: (i) any activities that are illegal, that violate the rights of others, or that can be harmful to others, CrowdStrike’s operations or reputation, (ii) content that infringes or misappropriates the intellectual property or proprietary rights of others, (iii) content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, (iv) content or other computer technology or software that is designed to damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data without the owner’s permission, or (v) acting in a manner that is deceptive, false, misleading or fraudulent, including but not limited to: (a) any attempt to impersonate any person or entity; (b) misrepresenting your identity or affiliation with any person or organization; and (c) any attempt to give the impression that you are posting materials from any person or entity other than yourself if that is not the case, including but not limited to altering your IP source address.
4.2 No Security Violations. You are prohibited from using the Marketplace to gain unauthorized access, or to support any attempt to gain unauthorized access, to any network, computer or communications system, software application, or network or computing device (each, a “System”). Prohibited activities additionally include using the Marketplace to: access or use any System without or in excess of authorization; probe, scan, or test the vulnerability of a System without or in excess of authorization; breach any security or authentication measures used by a System, monitor data or traffic on a System, without or in excess of authorization, monitor or copy materials from the Marketplace for any unauthorized purpose, or access the Marketplace via any automatic device, process or means of access such as a robot or spider.
4.3 No Testing or Interference. You shall not, without the express written permission of CrowdStrike, probe, scan, or test the Marketplace for vulnerabilities, breach Marketplace security or authentication measures, or conduct penetration testing relating to the Marketplace. You shall not take any action that may have a detrimental effect on the Marketplace’s functionality, performance, availability, integrity, or security, including but not limited to: (i) disabling, damaging, overburdening or impairing the Marketplace or any server, computer or database connected to or accessed by the Marketplace; (ii) modifying, blocking or otherwise interfering with the display of the Marketplace; (iii) interfering with another user’s ability to access, use and enjoy the Marketplace; (iv) accessing another user’s registration information or user account without that user’s express written permission; (v) transmitting or introducing any malicious or technologically harmful element to the Marketplace such as a spyware program, virus, Trojan horse, worm or logic bomb; (vi) performing, without CrowdStrike’s express prior written authorization, scalability or load testing of the Marketplace; or (vi) engaging in any activities that results in any server supporting the Marketplace being the target of a denial of service attack. Marketplace User may not reverse engineer, decompile, disassemble, or work around any technical limitation of the Marketplace.
5. Marketplace Contributor Products.
5.1 Marketplace User Responsibility. Marketplace User is solely responsible for: (i) independently testing and validating any Marketplace Contributor Products before deploying them in a test or production environment, (ii) reading, understanding and abiding by the applicable Marketplace Contributor Agreement and privacy policies, (iii) evaluating whether using any Marketplace Contributor Products is lawful under the laws that apply to you or are permitted in your jurisdiction, (iv) paying for any claims that arise out of your use of the Marketplace Contributor Products.
5.2 Marketplace Contributor Products. CrowdStrike is not responsible or liable for any loss, costs or damages arising out of Marketplace Contributor’s actions or inactions in any manner, including but not limited to, for any disclosure, transfer, modification or deletion of Marketplace User data. Whether or not a Marketplace Contributor is designated by CrowdStrike as, or otherwise claims to be “certified,” “authorized,” or similarly labeled, CrowdStrike does not: (i) control, monitor, maintain or provide support for, Marketplace Contributor Products, (ii) disclaims all warranties of any kind, indemnities, obligations, and other liabilities in connection with the Marketplace Contributor Products, and any Marketplace Contributor’s interface or integration with the CrowdStrike products, (iii) provide support or maintenance for any Marketplace Contributors Products, or (iv) guarantee the continued availability of Marketplace Contributor Products and related features. CrowdStrike’s publication of Marketplace Contributor Products and/or Materials does not constitute an endorsement regarding the suitability of such products or services. If Marketplace Contributor Products and related features are no longer available for any reason, CrowdStrike is not obligated to provide any refund, credit, or other compensation for, or related to, the Marketplace Contributor Products.
7. DISCLAIMER.THE MARKETPLACE, THE MARKETPLACE CONTRIBUTOR PRODUCTS AND THE MATERIALS MADE AVAILABLE IN THE MARKETPLACE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. ANY WARRANTY OF THE MARKETPLACE CONTRIBUTOR PRODUCTS IS MADE SOLELY BY THE MARKETPLACE CONTRIBUTOR UNDER THE MARKETPLACE CONTRIBUTOR AGREEMENT. CROWDSTRIKE ASSUMES NO LIABILITY FOR YOUR USE OF THE MARKETPLACE OR THE MARKETPLACE CONTRIBUTOR PRODUCTS OR ANY ASSISTANCE PROVIDED BY CROWDSTRIKE, INCLUDING WITHOUT LIMITATION THE DELIVERY OR DEPLOYMENT OF ANY MARKETPLACE CONTRIBUTOR PRODUCTS. CROWDSTRIKE AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE FOR THE CROWDSTRIKE MARKETPLACE, ANY MARKETPLACE CONTRIBUTOR PRODUCTS AND THE MATERIALS AVAILABLE IN THE MARKETPLACE. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CROWDSTRIKE AND ITS AFFILIATES AND SUPPLIERS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE CROWDSTRIKE MARKETPLACE, ANY MARKETPLACE CONTRIBUTOR PRODUCTS AND THE MATERIALS AVAILABLE IN THE MARKETPLACE. THERE IS NO WARRANTY THAT THE MARKETPLACE, THE MARKETPLACE CONTRIBUTOR PRODUCTS WILL BE ERROR FREE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION OR WILL FULFILL ANY OF MARKETPLACE USER’S PARTICULAR PURPOSES OR NEEDS. THE MARKETPLACE AND THE CONTRIBUTOR PRODUCTS ARE NOT FAULT-TOLERANT AND ARE NOT DESIGNED OR INTENDED FOR USE IN ANY HAZARDOUS ENVIRONMENT REQUIRING FAIL-SAFE PERFORMANCE OR OPERATION.
8. Indemnification. To the maximum extent permitted by applicable laws, you agree to defend, indemnify and hold CrowdStrike, our affiliates and their respective officers, directors, employees, contractors, agents, licensors and suppliers harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees and other costs of defense) resulting from: (i) your violation of these Terms, (ii) your violation of the rights of a third party (including any Marketplace Contributor), or (iii) your use of the Marketplace or the Marketplace Contributor Products other than as permitted herein. We will be entitled, at our sole expense, to participate in the defense and settlement of the claim or action with counsel of our choosing. CrowdStrike will use reasonable efforts to: (a) promptly give you written notice of any such claim against CrowdStrike, (b) give you control of the defense and settlement of any such claim against CrowdStrike (except that you may not settle any claim against CrowdStrike unless it unconditionally releases each applicable CrowdStrike party of all liability and does not admit fault by CrowdStrike), and (c) give you reasonable assistance, at your expense.
9. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CROWDSTRIKE OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL OR BUSINESS, LOSS OR CORRUPTION OF DATA, OR COSTS TO PROCURE SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION RESULTING FROM USE OF, PERFORMANCE OF, OR UNAVAILABILITY OF, THE MARKETPLACE, THE MARKETPLACE CONTRIBUTOR PRODUCTS OR ANY MARKETPLACE MATERIALS, REGARDLESS OF WHETHER CROWDSTRIKE, ANY AFFILIATE OR SUPPLIER, OR AN AUTHORIZED CROWDSTRIKE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY EVEN IF THE REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.
10. Compliance with Laws. Marketplace User agrees to comply with all applicable laws, including but not limited to, applicable export and import laws. Marketplace User shall not use, transfer, or otherwise export or re-export the Marketplace Contributor Products in violation of the laws of the United States, or the jurisdiction in which the Marketplace Contributor Products originated or were obtained. Specifically, Marketplace User shall not export or re-export the Marketplace Contributor Products to any location that the United States and/or the European Union maintains an embargo or comprehensive sanctions (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity subject to individual prohibitions (e.g., parties listed on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders) (collectively, “Designated Nationals”), without first obtaining all required authorizations from the U.S. government and any other applicable government. Marketplace User represents and warrants that it is not located in, or under the control of, or a national or resident of, an Embargoed Country or Designated National.
11. Termination. Your rights under these Terms will automatically terminate without notice if you fail to comply with any of its terms. In case of such termination, CrowdStrike may immediately revoke your access to the Marketplace and any related services. CrowdStrike’s failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of its rights.
12. Entire Agreement. These Terms constitute the sole and entire agreement between Marketplace User and CrowdStrike concerning the Marketplace and they supersede all prior and simultaneous proposals, agreements, understandings, or other communications between us, oral or written, regarding the Marketplace. No provision in these Terms is intended or shall create any rights with respect to the subject matter of these Terms in any third party.
13. Governing Law; Venue. These Terms and the rights and duties of the parties arising from these Terms, shall be governed by, construed, and enforced in accordance with the laws of the State of California, excluding its conflicts-of-law principles. The sole and exclusive jurisdiction and venue for actions arising under these Terms shall be state and federal courts in Santa Clara County, California, and the parties agree to service of process in accordance with the rules of such courts. You agree to waive all defenses of lack of personal jurisdiction and forum non- conveniens, irrevocably waive your right to a jury trial and agree that process may be served in a manner authorized by applicable law or court rule. Except in circumstances where a party seeks urgent injunctive relief, before commencing any court proceedings, if any dispute arises under these Terms, the parties will negotiate in good faith to resolve the dispute. Notwithstanding the foregoing, CrowdStrike reserves the right to file a suit or action in any court of competent jurisdiction to protect its intellectual property rights. The Uniform Computer Information Transactions Act and the United Nations Convention on the International Sale of Goods shall not apply.
14. Notices. All legal notices to CrowdStrike will be given in writing at firstname.lastname@example.org or the U.S. headquarter address listed on crowdstrike.com to the attention of Legal Department and will be effective: (i) when personally delivered, (ii) on the reported delivery date if sent by a recognized international or overnight courier, or (iii) five business days after being sent by registered or certified mail (or ten days for international mail). Notices to you may be made by any reasonable means, including by posting within the Marketplace, or by email or regular mail to the last known address.
15. Translations. Any version of these Terms made available to you in any language other than English is for your convenience only, and you acknowledge and agree that the English version of these Terms is the legally binding version.
16. Miscellaneous. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent so that the remaining provisions of the Terms will continue in full force and effect.