FEATURE SPECIFIC TERMS
These terms (the “Feature Specific Terms”) apply to Sigma’s provision and Customer’s use of certain features and functionalities listed herein (“Service Features”). These Feature Specific Terms are a part of the Agreement. In the event of a conflict between the Feature Specific Terms and the Agreement, the Feature Specific Terms control with respect to the applicable Service Feature. The applicable Order Form(s) may detail usage limits, additional fees, and additional Customer entitlements (if any) applicable to such Service Features. Not enabling or using certain optional Service Features may limit Customer’s ability to use the Service to its full potential.
1. Platform Assets.
Customer may instruct the Service to query and analyze Customer Materials or perform other functions within the Sigma Platform (or Embedded Platform, if applicable) (“Query”), and (i) generate visual representations of answers to such Queries (“Visualizations”) which may be viewed in workspaces called “Workbooks” that may contain one or more Visualizations related to the same topic or Query, and/or (ii) generate other artifacts or assets within the Sigma Platform (or Embedded Platform, if applicable) for Customer to view, interact with, configure, and/or use, (collectively with Workbooks and Visualizations, “Platform Assets”). To generate Platform Assets, Customer’s Query is interpreted, parsed, translated, and executed by the Service, including by performing intermediate steps and generating intermediate scripts (“Query Execution”). Backend information and metadata generated during Query Execution, constitutes Service Data and never includes Customer Materials.
1.1 Access and Display.
Platform Assets are part of the Service and may be accessed and used within the Sigma Platform (or the Embedded Platform, as applicable) by Customer throughout their Subscription Period. When Platform Assets are presented to Customer within the Sigma Platform (or the Embedded Platform, as applicable), they may be temporarily populated with, reference, or include Customer Materials (or parts and analysis thereof), provided however that such Customer Materials (i) are not stored by the Platform Assets (ii) are never shared by Sigma with any other customer, and (iii) continue to be owned by Customer in accordance with Section 6.2 of the Agreement.
1.2 Exports.
Customer may use the Service’s export functionality to download and/or export a static version of Platform Assets (“Exported Content”) out of the Service to a destination of Customer’s choosing (“Export”). If Customer requests an Export, Sigma may store the Exported Content for a limited duration (not to exceed twenty-four (24) hours) to complete such request. Customer is solely responsible for properly configuring Exports, including determining the Exported Content and the destination(s) of the Export(s). Customer hereby grants Sigma a license to use, process, store, and transfer (including transfers to regions outside regions where the Export request originates) the Exported Content solely for the purposes of completing Customer’s Export requests. Exported Content is considered Customer Material, and Customer retains all right, title, and interest in and to the Exported Content (excluding Sigma Materials included therein, if any).
2. Input Tables.
The Service includes tabular functionality that allows Users to enter data and information into a Workbook (“Input Tables”). Any data or information that a User enters into an Input Table will be considered “Input Data.” Customer may store Input Data in Customer’s Data Warehouse in the location selected by Customer. Unless Customer otherwise instructs Sigma in writing, Sigma will store Input Data for a period of thirty (30) days (measured from the date such data is entered into the Service) for the sole purpose of providing Input Tables and Support Services. Stored Input Data will be automatically deleted immediately following such thirty (30) day period. If Customer instructs Sigma (in accordance with this Section 2) not to store Input Data, Sigma agrees that no Input Data will be stored by Sigma. Customer understands and agrees that without access to and storage of Input Data, Sigma’s ability to provide Support Services for Input Tables may be adversely affected; Sigma will have no responsibility for such adverse effects. Except for Sigma’s storage of Input Data, Input Data will be processed and encrypted in the same manner as Customer Data. Customer also understands that use of Input Tables is optional; Customer may choose not to allow Users to access the Input Table functionality of the Service. In addition to Input Tables, Customer may also choose to store additional data to its Data Warehouse by uploading CSV files to the Service and writing them back to the Data Warehouse. Customer understands and agrees that Sigma may store the uploaded CSV files for a limited duration (not exceeding twenty-four (24) hours) to complete such writeback process.
3. Embedding.
The “Embedded Platform” allows Customer to embed Workbooks into its own, proprietary application or website (“Customer Services”) and/or to allow access to certain Workbooks for the purpose of allowing its end user customers, franchisees, clients, or other approved third parties (“Embedded Users”) to view or query Customer Materials (“Embedded Workbooks”). Embedded Users may also be referred to as external users or guest users in an Order Form. Embedded Workbooks are considered Platform Assets.
3.1 Embedded User Access.
The feature within the Service that will allow Customer to generate Embedded Workbooks is the “Application Embedding Feature”. Customer is not permitted to store an Embedded User’s data for the purpose of allowing such Embedded User to use the Embedded Platform to analyze such data; all data and information accessed by each Embedded User through the Embedded Workbooks must be data and information owned or licensed by Customer. As part of Embedded Users’ use of the Embedded Platform, Embedded Users may be permitted by Customer to modify Customer Data or Input Data or create derivative works of such data.
3.2 Use Limitations
Customer is fully responsible for its and its Embedded Users’ access to and use of the Service. Customer will not make any representations, warranties, guarantees, or other written or oral statements to Embedded Users regarding the Service. As Customer will maintain a contractual relationship with Embedded Users, Customer will only allow Embedded Users to access or use the Embedded Workbooks upon entering written terms with Embedded Users that are at least as protective of Sigma as the terms of this Agreement. Customer understands and agrees that this Agreement does not create a resale relationship and Customer is not permitted to resell the Service. Embedded Workbooks may only be provided to Embedded Users as part of Customer Services and may not be offered by Customer as stand-alone products. Support Services will only be provided to Customer and its Sigma Platform Users. Customer agrees that Customer is solely responsible for its provision of Customer Services to Embedded Users, and (ii) managing Embedded Users’ use of Embedded Platform, including Permissions related use, and modification and storage of Customer Materials by Embedded Users.
3.3 Indemnification.
Customer will, at its expense, defend Sigma and its officers, directors, and employees against any third-party claim or action brought against Sigma based wholly or in part on (i) Customer’s breach of this Section 3 of these Feature Specific Terms, (ii) Customer Services, Customer Materials and properly embedding Embedded Workbooks into Customer Services or (iii) an Embedded User’s use of the Service, and in each case Customer agrees to pay any settlements with respect to any such third party claim that Customer agrees to in a writing signed by Customer’s authorized officer or final judgments awarded to the third party claimant by a court of competent jurisdiction. For the avoidance of doubt, all procedural protections stated in Section 8.3 of the Agreement will apply to Customer’s defense and indemnification of Sigma under this Section 3.3 of these Feature Specific Terms.
4. Multitenancy.
The “Multitenancy Feature” within the Service allows administrative level Users of Customer’s primary organization within the Service (“Parent”) to set up, operate, and manage one or more separate sub-organizations within the Service (each a “Tenant”).
4.1 Tenancy Permissions.
Parent is responsible for setting and managing Permissions for the Multitenancy Feature, including (i) managing, assigning/reassigning, authenticating, and deactivating specific Users for each Tenant (“Tenant Users”); (ii) managing Tenant Users’ access to and use of Customer Materials (“Tenant Data”) and Service functionalities; (iii) configuring different regions for each Tenant; (iv) managing, monitoring, and auditing Tenant Data, Tenant Users, and Tenant usage of the Service; and (v) managing the sharing, deployment, and transfer of resources (e.g., templates or Workbooks) between the Parent and the Tenant and between different Tenants (collectively the “Tenancy Permissions”). Customer agrees that Customer is solely responsible for the Tenancy Permissions and all decisions and actions concerning or stemming from Tenancy Permissions, including all handling, use, disclosure, sharing, or transfer of Customer Materials using the Multitenancy Feature.
4.2 Cross-border Tenancy.
Customer may, in its sole discretion and subject to payment of applicable Fees, set up Tenants in regions other than the region in which the Parent or other Tenants are hosted/located (“Cross-border Organizations”). If Customer requests, enables, or otherwise sets Permissions authorizing the transfer of or access to Customer Materials, Platform Assets, or User information between Cross-border Organizations (“Cross-border Tenancy”), Customer hereby instructs Sigma to access, use, host, transfer, and process Customer Materials and User Information (including any personally identifiable information therein) as necessary to facilitate the Cross-border Tenancy.
4.3 Limitations.
To the fullest extent permitted by law, and notwithstanding anything to the contrary, Sigma will have no responsibility or liability arising out of, or related to, Tenancy Permissions, Cross-Border Tenancy, or Customer’s handling of Customer Materials, or Tenant Data, except to the extent solely and directly caused by Sigma’s material breach of this Agreement.
5. AI Features.
“AI Features” are features within the Service that are identified as ‘AI Features’ or ‘AI-enabled features’ in our Documentation. A User may input specific text, prompts, SQL request, or other Query using the AI Feature (“AI Input”) and the AI Feature will process the AI Input to provide a response to the AI Input (“AI Output”). AI Outputs may include specific text responses, suggested code, or Platform Assets presented to the User in response to the AI Input. AI Features may be powered by artificial intelligence models developed by third-party providers (“AI Providers”), including (and where permitted by the Service) artificial intelligence models integrated or enabled by Customer (e.g. Snowflake Cortex) (“Integrated AI”).
5.1 Ownership.
AI Input is owned by Customer. As between Customer and Sigma, Customer will own all rights in and titles to AI Output that is downloaded or exported from the Service to a Customer selected destination in accordance with Section 1.2 of these Embedding Terms, and such exported or downloaded AI Output will be considered Exported Content. AI Output (excluding all Customer Materials) that is not exported is a part of the Service and is meant to be used within the Service. The records produced by the Service when executing or processing AI Input to generate AI Output (including routing decisions, intermediate steps, and error traces) is considered Service Data. Signals about performance of AI Features provided by Customer, such as thumbs up/down reactions, selections between two AI Outputs, and requests to re-write, are considered Feedback.
5.2 Customer Experience.
Customer hereby grants Sigma a worldwide, non-exclusive, non-transferable, non-sublicensable, royalty-free license to use, store, transfer, and process AI Inputs to the extent reasonably required for providing and operating the Service and Support Services, (including establishing, maintaining, and fulfilling integrations with Third Party Applications and Integrated AI). Customer agrees that Sigma may use AI Input to train or fine-tune AI Features solely to improve Customer’s use of the Service. Customer also agrees that Sigma may share data selected, configured, input, or uploaded by the Customer for use of the AI Features with AI Providers, but solely to the extent required to provide AI Features and AI Outputs to Customer. Such data may include AI Inputs, Customer Materials, User Information, and other data contained in or received from Third Party Applications configured by Customer to support, facilitate, or enhance its use of AI Features. Sigma will never share Customer Materials, AI Output, and AI Input with any other customer.
5.3 Customer Responsibilities.
Customer is solely responsible for (a) the legality, accuracy, and completeness of AI Inputs and Customer Materials, (b) properly selecting and configuring Integrated AI, (c) Customer’s use of AI Features, including ensuring that such use complies with Applicable Law and Customer’s agreements with AI Providers. Customer will not (and will ensure Users do not) use the Service, Platform Assets, or AI Output to train, develop, or improve competing offerings, or take any action to extract, reconstruct, or attempt to determine training data or system logic.
5.4 Limitations.
AI Outputs may have similarities to outputs independently provided to other customers (e.g., presentation styles, components, layouts, formatting etc.). Sigma does not guarantee that AI Outputs will be unique, free of third-party rights, or suitable for any particular purpose. AI Outputs may be inaccurate, inappropriate, unreliable, or biased, and Customer must independently review and verify all AI Outputs prior to using, publishing, adopting, or relying on AI Outputs. Sigma disclaims all responsibility and liability for any inaccuracies, errors, or omissions in AI Outputs Sigma is not responsible for the transmission, security, use, or deletion of any data by Integrated AI.
6. API.
“Sigma API” means the application programming interface, accompanying Documentation, software development kit, source code, executable applications, and any other materials made available by Sigma to Customer subject to the terms of this Agreement.
6.1 License Grant.
Sigma grants to Customer a limited, nonexclusive, non-transferable, non-sublicensable, worldwide, revocable right and license during the Subscription Period to use and make calls to the Sigma API to develop, implement, and distribute web or other software or applications utilizing the Sigma API solely for Customer’s internal use in accordance with the Documentation.
6.2 Ownership.
The Sigma API is licensed, not sold, and Customer acquires no ownership or other interest (other than the license rights expressly stated herein) in or to the Sigma API. Upon the expiration or termination of this Agreement, Customer must destroy or remove the Sigma API and any copies thereof from all computers, networks, and storage media.
7. Beta Features.
From time to time, Sigma may make certain functionality, features, software, or services related to the Service which are designated as beta, pilot, limited release, non-production, or by a similar description (each, a "Beta Feature") available to Customer. Beta Features may be used by Customer in Customer’s sole discretion. Beta Features are intended for evaluation purposes only. Sigma may discontinue Beta Features at any time in Sigma’s sole discretion and may choose to never make them generally available. Beta Features are considered part of the Service, however, notwithstanding anything to the contrary in this Agreement, Beta Features are provided “AS-IS” without any warranties, defense or indemnification obligations, Support Services obligations, or liability for any harm or damage arising out of or in connection with use of the Beta Features.