JAAS — Terms of Service

1. Introduction

These Terms of Service cover the provision of Juju As A Service ("JAAS") by Canonical Group Limited ("Canonical", "us", "our" or "we") to you ("you" or "your") subject to and in accordance with these Terms of Service (the "Service").

Please read these Terms of Service carefully before you use the Service. By using the Service, you agree to become bound by these terms Terms of Service. You may not use the Service for illegal or unauthorised purposes or otherwise in accordance with this Terms of Service.

If you are entering into these Terms of Service on behalf of a company or legal entity, you represent that you have authority to bind such company or legal entity, its officers, employees and agents and all users who access the Service through the account, to these Terms of Service. "you" and "your" shall refer to the company or legal entity and such users. If you do not have such authority do not accept these Terms of Service.

You must be at least 13 years old to use the Service. If you are between age 13 and 18, you confirm that you have your parent's or legal guardian's consent to use the Services and that they have read and agreed to these Terms of Service.

Any change or update to the Services or Terms of Service will be made in accordance with section 6 below.

2. Services and Software

The Service enables you to deploy, configure, manage, maintain, and scale charms and software ("Software") on public clouds, as well as on physical servers, OpenStack, and containers.

Details of the Services can be found at www.jujucharms.com

Software will be available from the third party provider of the Software or from Canonical directly. If Software is provided by a third party then the third party's end user licence agreement will apply ("Software Terms"). You are responsible for compliance with such Software Terms and we take no responsibility for such Software.

You will be presented with the Software Terms prior to you being able to use the Software. If you do not agree to any Software Terms you must not use or deploy the Software.

If you deploy Software on a public cloud or in an environment operated by a third party with which you have an account (e.g. Google, MS Azure or Amazon Web Services), your use of that service is subject to the terms of service you have agreed with them and that third party may levy additional charges on you for using their service. You are responsible for compliance with such terms of service and any such additional charges to the third party and we take no responsibility for such services or charges.

Support for the Services can be found at www.jujucharms.com/support

3. Account

You will need an account to access and use the Service. We reserve the right to reject your request for an account or to immediately cancel or suspend your account and your use of the Services at any time if you do not comply with the following requirements. You must not attempt to create an account or use the Service if doing so would violate these Terms of Service. You must:

• Have a Service account
• Where deploying to a public cloud or third party environment, provide your cloud credentials
• Not use the Service for illegal or unauthorised purposes (or which encourage or permit illegal or authorised purposes), in infringement of a third party's' rights or otherwise in accordance with these Terms of Service
• Not use take any action or use the Service in any way that might bring Canonical into disrepute or affect the ability of Canonical to provide the Service
• Not use the Service in any manner that might be libellous or defamatory, that contains threats or incites violence towards individuals or entities, or that violates the privacy rights of any third party
• Not be located in or use the Services in an OFAC/EAR embargoed or sanctioned country or be on the U.S. Commerce Department's Denied Persons List, Entity List, or Unverified List

If you do not have an account you will need to create one. You are responsible for choosing an appropriate password for your accounts and for keeping such password secure. Canonical will not ask you for your password and you should not reveal it to anyone. You are responsible for keeping your account details up to date.

4. End of Service

We look forward to providing you with the Service for so long as you wish to receive it. However, there are some circumstances under which the Service may be suspended or terminated:

• We cease to make the Service (or any part thereof) available
• By us at any time as described in Section 3 above

We may also cease to offer the services for any other reason, in which case we will provide you with notice on your account page.

You may cancel your use of the Services by cancelling your account. Cancellation of your account will have the effect of cancelling your subscription to the Software.

5. Fees

Canonical will not charge you for use of the Service while it is in Beta. Your use and deployment thereafter may be charged. If you deploy Software on a public cloud or in an environment operated by a third party you may still be charged by that third party directly at any time, including during the Beta period.

Following the Beta period, payment for the Service is due at the time of the next use of the Service in a new environment.

You will be asked to enter your credit card details once the Beta period has ended and to confirm your acceptance of the Terms of Service. We will only charge your credit card at the time of the use of the Service after the Beta. Fees are charged in the currency in which you make your purchase. The Fees will be displayed on your account page, including payment details.

Payment is handled by a third party and your credit card statement may identify payments as made to "Canonical" or "Stripe". You are responsible for any foreign transaction fees incurred by your bank. You must abide by any relevant terms and conditions or other legal agreement, whether with us or a third party, that governs your use of a given payment processing method. We may add or remove payment processing methods at our sole discretion and without notice to you. Once your purchase is complete, we or our payment processor may charge your credit card or other form of payment, along with any additional applicable amounts (including any taxes). You are solely responsible for all amounts payable associated with purchases you make in accordance with these Terms of Service.

When you use the Service, you will be charged at the rate applicable at the time of use. If the fees payable for the Service increase later, we will notify you via email. The increase will apply to the next payment due from you after the notice is placed on your account page or as otherwise stated. If you do not wish to pay the increased price, you may cancel your use of the Service in the manner described in Section 4 above and you will not be charged further amounts for your use of the Service, provided you have notified us before the end of the current billing period. If your use of the Service is cancelled and you later decide to renew the Service, you will initially be charged at the then current price.

You are responsible for any Taxes (as defined below), and must pay for the Service without any reduction for Taxes. If Canonical is obliged to collect or pay Taxes, the Taxes will be charged to you. If you have a VAT ID please provide this with your credit card details when requested. "Taxes" means any duties, customs fees, or taxes (other than income tax) associated with the use of the Service or licensing of Software, including any related penalties or interest. You must comply with all applicable tax laws, including the reporting and payment of any taxes arising in connection with your use of the Services. The reporting and payment of any such applicable taxes are your responsibility.

6. Changes

We aim to continually improve the delivery and content of the Service and accordingly may make changes to the Service from time to time.

New features may be added, but we may also modify or discontinue (temporarily or permanently) part of the Service, in part or in whole. We may also offer Service on a trial/beta basis, in which case your use of those Service will be limited to the period of your trial/beta and subject to the terms of the trial/beta.

In the event of a material change to the Service, we will notify you on your account page. What constitutes a material change in this circumstance will be determined by Canonical, in good faith and using common sense and reasonable judgment.

Similarly, we may occasionally make changes to these Terms of Service and will notify you of material changes either by email or on your account page. If Canonical does make changes to these Terms of Service, all changes will go into effect at the time we post the updated Terms of Service on your account page or as otherwise notified at that time.

Software Terms may be updated from time to time. It is your obligation to check the relevant Software Terms you have agreed from time to time. You are responsible for compliance with such Software Terms and we take no responsibility for such Software, services or charges.

7. Intellectual property and content

Intellectual property

You have a non-exclusive, non-transferable (to the extent permitted by law) right to view, access and use the Services for such time as it is made available by us strictly in accordance with these Terms of Service.

You will not acquire any rights to the Service (or the intellectual property rights contained therein) from your use of the Service, other than as set out in these Terms of Service or the Software Terms.

Content

You are responsible for all Software, content and applications that you create or use through your account. All Software, content and applications provided by you or a third party are accessed at your sole discretion and risk.

Third party content

You may use and access Software, content and applications provided by third parties (including without limitation third party Software providers and their licensors) in your use of the Service. You will not remove any third party's copyright notices or other identifiers (except in the case of third party Software, as allowed by the relevant Software Terms).

Canonical is not responsible for any content or applications (including without limitation Software) provided or operated by any third party. Should you reasonably believe that any third party content you access through the Services is in breach of any law, regulation or third party's rights, you should notify Canonical in writing at the address below. In doing so, please: (a) identify the material which you believe to be infringing; (b) identify what you believe this material infringes and why; © Provide your name, email address, address and telephone number; (d) confirm that you believe in good faith that this material is infringing a law or third party's rights and that, to the best of your knowledge, the information you are providing is correct; (e) identify if you are acting on behalf of the third party whose rights may have been infringed; and (f) provide your physical or electronic signature.

8. Personal data

In order to provide the Service to you, you will be required to provide information about yourself such as your name, address, and billing details. Any such information you provide to Canonical must always be accurate, correct and up to date.

Our Privacy Policy explain how we treat your personal data and protect your privacy when using our services. Canonical may need to provide limited personal data, such as your name and email address, to third party Software providers for the purposes of providing you with the Software and associated services (if any). By deploying Software you are agreeing to the use of your personal data in this way.

We may also collect certain non-personally-identifiable information, which is located on your computer. The information collected may include statistics relating to how often data is transferred, and performance metrics in relation to software and configuration. You agree this information may be retained and used by Canonical.

Canonical may disclose any or all personal data and contents you have sent, posted or published if required to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. All other use of your personal data is subject to the Privacy Policy.

9. Liability

Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis without warranty of any kind.

In the case of the Service provided by Canonical, the Service is provided "as is" and, other than as expressly set out in these Terms of Service, all warranties (whether express, implied, statutory or otherwise) in respect of the Services are expressly excluded to the maximum extent permitted by law.

Canonical will provide the Services with reasonable care and skill, and Canonical will use reasonable efforts to ensure the availability of the Services, but makes no guarantee that the Services will be available without interruption or will be error-free.

In the case of third party Software, you acknowledge that such Software is provided to you by the relevant third party pursuant to the relevant Software Terms and Canonical will have no liability whatsoever in contract, tort or otherwise to you in respect of such Software.

Canonical will not be liable in contract, tort or otherwise for any: indirect or consequential loss; loss of profits; loss of revenue; loss of anticipated savings; loss of business or business opportunity; loss of goodwill; or loss of or corruption to data. Otherwise, Canonical's total liability in contract, tort or otherwise for any claims is limited to £10.

Nothing in these Terms of Service will exclude or limit Canonical's liability for: death or personal injury caused by the negligence of Canonical; fraud or fraudulent misrepresentation; or any other liability that cannot be excluded or limited by law.

10. General

These Terms of Service are governed by the laws of England and any dispute will be heard by the courts in England.

Failure by Canonical to enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any part of these Terms of Service is held invalid or unenforceable, that part will be construed to reflect the parties original intent, and the remaining portions will remain in full force and effect. The terms of these Terms of Service do not affect your statutory rights.

Any notices should be sent by registered post to:

Canonical Group Limited,
2nd Floor, Clarendon House,
Victoria Street,
Douglas IM1 2LN,
Isle of Man

Version: 1 March 2017