TERMS OF SERVICE

‍These Terms of Service (the “TOS”) are entered into by and between Sigma Computing, Inc., a Delaware corporation with offices at 116 New Montgomery St., #700, San Francisco, CA 94105 (“Sigma”) and the entity agreeing to an Order Form (either between Sigma or a Reseller, as defined below) referencing these TOS (“Customer”).

If Customer is accessing and using the Service (as defined in Section 1.1) during a Trial Period (as described under Section 1.3), or as a Starter Pack (as described under Section 11), “Customer” will instead mean the organization that you (the person clicking “I accept” or “Start Trial” or other similar terms of acceptance, or otherwise signing up to access and use the Service) represent when you click to accept these TOS. Further, you understand that by entering into these TOS, you are agreeing to provide Sigma with access to information owned by the organization you are entering into these TOS on behalf of. BY CHECKING THE “I ACCEPT” CHECK-BOX, CLICKING THE “START TRIAL” BUTTON, OR OTHERWISE TAKE ACTIONS ASSOCIATED WITH CREATING AN ACCOUNT WITH SIGMA (OR COMPLETING ANY OTHER SIMILAR ACTIONS OF ACCEPTANCE), YOU, ON BEHALF OF THE ORGANIZATION YOU REPRESENT, ACCEPT THESE TOS AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREEED TO BE BOUND BY ITS TERMS. IF THE PERSON ACCEPTING THESE TOS IS AN INDIVIDUAL, AND IS ACCEPTING ON BEHALF OF AN ORGANIZATION, SUCH PERSON REPRESENTS AND WARRANTS THAT THEY ARE ACTING ON BEHALF OF THE ORGANIZATION AND HAVE THE AUTHORITY TO ENTER INTO THESE TOS ON BEHALF OF THAT ORGANIZATION. USE OF THE SERVICE IS GOVERNED BY THESE TOS. READ THESE TOS CAREFULLY, IT IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN THE CUSTOMER AND SIGMA.

The parties therefore agree as follows:

1. The Service.

1.1. Service Description. Sigma is the owner and provider of a cloud-based intelligence tool and service (the “Service”) that is designed to allow customers to analyze data within a data warehouse owned or controlled by Customer (“Data Warehouse”). Data and information within the Data Warehouse that is provided to Sigma through the Service is “Customer Data.” If Customer uses the Service to write, edit, or otherwise modify Customer Data, such derivative works will also be considered Customer Data hereunder and owned by Customer in accordance with Section 6.2 of this Agreement. Customer’s access to the Service may include access to the Sigma Platform and/or the Embedded Platform (depending on the functionality purchased by Customer under an Order Form). The “Sigma Platform” allows Customer to connect Customer’s Data Warehouse to the Service for the purpose of querying Customer Data to generate visual representations of answers to such queries. Use of and access to the Sigma Platform is permitted only by Customer’s employees and contractors working for the benefit of Customer (“Sigma Platform Users”). Sigma’s personnel will only access the Customer Data if specifically permitted by Customer; the parties anticipate that such access will only be for the purpose of providing Support Services to Customer upon request. Additional terms applicable to Sigma’s provision of and Customer’s use of specific Sigma features can be found at https://www.sigmacomputing.com/legal/feature-terms/february-2026 (“Feature Specific Terms”), the terms of which are incorporated by reference.

1.2. Customer’s Subscription. Subject to the terms of these TOS, Customer may purchase a subscription to, and has the right to access and use, the Service, and specific functionality and modules, as specified in one or more ordering documents executed by the parties (or Customer and a Reseller) that reference these TOS and describe the business terms related to Customer’s subscription (“Order Form(s)”). Sigma also grants Customer (including Sigma Platform Users) a limited, non-sublicensable, non-transferable right and license to access, download, and use, solely for Customer’s internal business purposes, the technical documentation regarding the Service that Sigma publishes to all its customers (“Documentation”). If applicable under Customer’s Order Form, subscriptions will be for the period described on the applicable Order Form (“Subscription Period”). Except as otherwise specifically permitted in the Embedding Terms, use of the Service is for Customer’s own internal business purposes and not for the benefit of any third party. Customer agrees that its purchase of licenses is not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Sigma regarding future functionality or features.

1.3. Trial Subscription. If the parties have not entered into an Order Form governing Customer’s use of the Service, Customer may access and use the Service for the sole purpose of evaluating the Service for Customer’s internal business purposes for a period of seven (7) days unless a longer period has been agreed to by the parties (“Trial Period”).

1.4. Support and Service Level Policy. Sigma will provide basic technical support to Customer for the Service (“Support Services”) in accordance with its support and service level policy located at https://www.sigmacomputing.com/legal/sla (“SLA”). Sigma does not provide Support to Embedded Users. Sigma will make commercially reasonable efforts to but has no obligation to provide Support Services to Starter Pack Users or Users accessing the Service during a Trial Period.

1.5. Provisioning. As part of the registration process, a single administrative Sigma Platform User will receive login credentials from Sigma following execution of the applicable Order Form; such Sigma Platform User will have the capability to invite any other Sigma Platform Users to create accounts on the Sigma Platform. Each User will be identified by unique subscription access rights, including the User’s unique login credentials, such as username and password (collectively the “User Credentials”). User Credentials may not be shared among multiple individuals. User Credentials may only be reassigned to a new User replacing a person who no longer requires access to the Service. Customer will not assign or reassign User Credentials between Users in a manner that enables a single subscription to be shared between multiple Users.

1.6. Use Restrictions and Responsibilities. Customer is responsible for all activity on Sigma Platform Users’ accounts and the accounts of any other persons authorized by Customer to use the Service (“Users”)’ accounts unless such activity is caused by a third party bad actor able to access Customer’s account by exploiting vulnerabilities in the Service itself. Customer will ensure that its Users are aware of and bound by obligations and/or restrictions stated in these TOS and Customer will be responsible for breach of any such obligation and/or restriction by a User. Customer also agrees that it will not, and will not allow Users or third parties to, directly or indirectly (a) modify, translate, copy or create derivative works based on the Service, (b) reverse assemble, reverse compile, reverse engineer, decompile or otherwise attempt to discover the object code, source code, or non-public APIs, except as and only to the extent this restriction is prohibited by law, (c) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit the Service, (d) make the Service available to any third party, other than as specifically permitted under the Embedding Terms, (e) remove or obscure any copyright, trademark or other proprietary notices, legends or Sigma branding contained in or on the Service, (f) use the Service in any way that violates any applicable federal, state, local or international law or regulation, including but not limited to CANSPAM, (g) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, including, without limitation, by introducing viruses and other harmful code or by using flood pings, denial-of-service attacks, or similar methods or technology, (h) attempt to probe, scan, or test the vulnerability of the Service or any Sigma system or networks, (i) write over or provide any data to any sample databases within the Service, (j) use the Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, (k) permit direct or indirect access to or use of any Service in a way that circumvents a usage limit or (l) frame or mirror any part of any Service, other than framing on Customer's own intranets or otherwise for its own internal business purposes or as permitted in the Documentation. If Customer (including Users) is using the Service in a manner that, in Sigma’s reasonable judgment, causes or is likely to cause significant harm to Sigma or the Service or otherwise threatens the security, integrity or availability of the Service then Sigma may suspend Customer’s access to the Service. Sigma will use commercially reasonable efforts to provide Customer with prompt notice of such suspension.

1.7. Customer Permissions. Customer’s administrative Users can configure and manage the Customer’s use of the Service including capabilities to (i) onboard, deactivate, and manage Users and their access to Customer Data and Service functionalities; (ii) configure and manage integrations, connections, and interactions with Third-Party Applications; and (iii) monitor and audit User activity in the Service (collectively “Permissions”). It is solely Customer’s responsibility to properly select administrative Users and set Permissions. Customer sets Permissions at its own risk; Sigma has no responsibility or liability for Permissions or claims, actions, or other legal proceedings based on Permissions.

2. Third-Party Applications.

The Service may work together with third party products, services, or applications that are not owned or controlled by Sigma, such as Customer’s Data Warehouse and Integrated AI (defined in the Feature Specific Terms) (“Third-Party Applications”) and Customer, at its sole option, may choose to use such Third-Party Applications. If necessary for the Service and the Third-Party Application to work together, Customer will provide Sigma with information necessary to facilitate the interoperation of the Service and such Third-Party Application for the sole purpose of Sigma providing the Service to Customer. Customer represents and warrants that Customer has the right to provide such integration related information without breach by Customer of any of the terms and conditions that govern Customer’s use of the applicable Third-Party Application. Sigma is further authorized to share Customer Data, Input Data, and other data submitted to the Service by Customer and Users, with providers of the Third-Party Applications, as required for the interoperation of the Service with the Third-Party Applications. Sigma is not responsible for any transmission, collection, disclosure, security, modification, use or deletion of Customer Data, Input Data, or other data by or through Third-Party Applications or their providers, or for the delivery, quality, or accuracy of the services, results, or outputs provided by or through Third-Party Applications. Sigma does not endorse any Third-Party Applications. Customer acknowledges and agrees that these TOS do not apply to Customer’s use of such Third-Party Applications, which are governed solely by Customer’s agreement with the relevant providers of such Third-Party Applications. Except for the forgoing obligation, Sigma has no obligation to support any integration or interoperability of Third-Party Applications with the Service and may cease any integrations or interoperability of Third-Party Applications at any time in Sigma’s sole discretion without entitling Customer to any refund, credit, or other compensation if, for example and without limitation, the provider of a Third-Party Application ceases to make the Third-Party Application available for interoperation with the Service in a manner acceptable to Sigma. SIGMA EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES RELATING TO ANY THIRD-PARTY APPLICATIONS. CUSTOMER WILL LOOK SOLELY TO THE PROVIDERS OF THE THIRD-PARTY APPLICATIONS FOR ANY WARRANTY RELATED ISSUES OR OTHER CLAIMS RELATED THERETO. SIGMA WILL HAVE NO LIABILITY OR OTHER OBLIGATION OF ANY KIND ARISING OUT OF OR RELATED TO ANY THIRD-PARTY APPLICATIONS, INCLUDING ARISING FROM CUSTOMER’S USE OR INABILITY TO USE THIRD-PARTY APPLICATIONS OR FROM THE SERVICE, RESULTS, OR OUTPUTS PROVIDED TO CUSTOMER BY OR THROUGH THIRD-PARTY APPLICATIONS.

3. Payment Obligations.

If stated under an applicable Order Form, Customer will pay for access to, and use of, the Service as set forth on the applicable Order Form (“Fees”). All Fees will be paid in U.S. dollars. Payment obligations are non-cancelable and, except as expressly stated in these TOS, non-refundable. Unless otherwise agreed to by the parties, all use of the Service during a Trial Period will be free of charge. Sigma will invoice Customer and Customer agrees to pay for the Fees in accordance with the Order Form. Payment processing fees charged by third parties such as Customer’s bank or credit card provider are the sole responsibility of Customer. If Customer has executed an Order Form with a Reseller, Customer will pay such Reseller (and not Sigma) in accordance with the terms of such Order Form. Customer understands and agrees that if Customer does not pay the Reseller in accordance with the applicable Order Form, Sigma will have the right to suspend Customer’s right to use and access the Service and to terminate these TOS upon notice to Customer. For the purposes of these TOS, a “Reseller” means a resale partner that is authorized by Sigma to resell the Service. Fees stated on the Order Form are exclusive of any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). Customer will be responsible for paying all Taxes associated with its purchases with no reduction or offset in the fees payable to Sigma. If Customer fails to pay any undisputed invoices in accordance with this “Payment Obligations” section then Sigma may: (a) suspend Customer’s access to the Service pending payment of such overdue invoices and (b) charge a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower.

4. Term and Termination.

4.1. Agreement Term. If Customer has purchased a paid subscription under an Order Form, its subscription to access and use the Service commences on the start date stated on the applicable Order Form and continues for the duration of the Subscription Period. In the forgoing circumstances, these TOS will become effective on the last date the first Order Form between the parties is signed by either party’s designated representative. If Customer has signed up for a free trial of the Service, then Customer’s subscription and these TOS commence on the date that Customer signs up for such free trial and automatically terminate at the end of the Trial Period unless earlier terminated as stated herein. If Customer’s subscription is to the Starter Pack (as stated under the applicable Order Form) then Customer’s subscription and these TOS will commence on the last date that such Order Form is signed by either party’s designated representative and will continue for the shorter of (a) one (1) year; or (b) the date on which the parties enter into an Order Form for a paid subscription.

4.2. Termination for Convenience. If Customer is using the Service for a Trial Period or using the Starter Pack, either party may terminate these TOS (including any Order Forms) immediately upon written notice to the other party.

4.3. Termination for Cause. Either party may terminate these TOS upon written notice to the other party if the other party materially breaches these TOS and such breach is not cured within thirty (30) days after the breaching party’s receipt of such notice. Either party may terminate these TOS upon written notice to the other party if such party has ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of such part’s assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding that is not dismissed within one hundred eighty (180) days.

4.4. Effect of Termination. If Sigma terminates these TOS because of Customer’s uncured breach, Customer will pay any unpaid Fees covering the remainder of the then-current Subscription Period after the effective date of termination. In no event will any termination relieve Customer of the obligation to pay any Fees payable to Sigma for the period prior to the effective date of termination. Upon any termination of these TOS, all rights and licenses granted by Sigma hereunder will immediately terminate; Customer will no longer have the right to access or use the Service. Upon Customer’s written request following termination of these TOS Sigma will delete Customer’s User Information, including passwords and all related information, files (unless Customer requests an earlier deletion in writing), and Input Data (if not already deleted in accordance with Section 6.3).

4.5. Survival. 2 (Third-Party Applications), 3 (Payment Obligations), 4 (Term and Termination), 5 (Confidentiality), 6 (Data), 7.2 (Warranty Disclaimer), 8 (Indemnification), 9 (Limitation of Liability), and 10 (General Terms) will survive any termination or expiration of these TOS.

5. Confidentiality.

5.1. Definition. Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) may disclose business, technical or financial information relating to the Disclosing Party’s business that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure (hereinafter referred to as the “Confidential Information” of the Disclosing Party). Sigma’s Confidential Information includes non-public information regarding features, functionality, and performance of the Service. Customer’s Confidential Information includes Customer Materials (as defined below) and User Information. Notwithstanding the above, Confidential Information does not include information that (a) is or becomes generally available to the public without breach of any obligation owed to the Disclosing Party, (b) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any confidentiality obligation, (c) is received from a third party without breach of any confidentiality obligation or (d) was independently developed by the Receiving Party without use or reference to the Disclosing Party’s Confidential Information.

5.2. Protection and Use of Confidential Information. The Receiving Party will (a) protect the Disclosing Party’s Confidential Information using the same degree of care used to protect its own confidential or proprietary information of like importance, but in any case using no less than a reasonable degree of care, (b) limit access to the Confidential Information to those employees, affiliates, Subprocessors (as described in the DPA referenced below), agents, consultants, legal advisors, financial advisors, and contractors (“Representatives”) who need to know such information in connection with these TOS and who are bound by confidentiality and non-use obligations just as protective of the Disclosing Party’s Confidential Information as the terms of these TOS, (c) except as expressly set forth herein, make all commercially reasonable efforts not to disclose any of Disclosing Party’s Confidential Information to any third parties without the Disclosing Party’s prior written consent and (d) will not use the Disclosing Party’s Confidential Information for any purpose other than to fulfill its obligations under these TOS. Nothing above will prevent either party from sharing the terms of these TOS or the name of the other party with prospective investors or acquirors; provided, however, that the foregoing persons or entities are bound to standard confidentiality obligations. As between the parties, each party retains all ownership rights in and to its Confidential Information.

5.3. Feedback. Customer (including Users) may, at its discretion, provide suggestions, ideas, enhancement or correction requests, comments, or other feedback with respect to the Service (“Feedback”). For the avoidance of doubt, Feedback will only refer to suggestions, comments or other feedback provided to Sigma specifically regarding the Service and will not include Customer Materials. Customer hereby grants to Sigma and Sigma’s assigns a royalty-free, worldwide, perpetual, irrevocable, fully transferable and sublicensable right and license, if any, to use, disclose, reproduce, modify, create derivative works from, display, and otherwise distribute and exploit the Feedback, without obligation or restriction, except that Sigma will not identify Customer as the provider of such Feedback.

6. Proprietary Rights and Protection of Customer Materials.

6.1. User Information. When Customer accesses or uses the Service, Sigma may collect from Customer (and Users) certain information that is required by Sigma to provide and secure the Service, including User Credentials, User account information, and information collected from Customer to provision User accounts (“User Information”). During the Subscription Period, Customer grants Sigma and its subcontractors the right to store, process and retrieve the User Information (including personally identifiable information included in User Information, if any) in connection with Customer’s use of the Service. Customer represents and warrants that it has obtained all necessary rights and consents to permit (a) Customer’s use and receipt of the Service, (b) transfer of User Information to Sigma and (c) processing of the User Information as contemplated by this Agreement. Customer is solely responsible for all User Information including usernames, passwords, tokens, or keys in Customer’s possession. Customer (on behalf of its Users) grants Sigma the right to access, use, process, copy, distribute (to Users), perform (for Users), export (to Users) and display (for Users) User Information, only as reasonably necessary (i) to provide the Service to Customer (including the transfer of User Information to Sigma), (ii) to prevent or address service, security, support, or technical issues, (iii) to monitor Customer’s use of the Service and compliance with Customer’s Subscription, (iv) as required by law, and (v) as expressly permitted in writing by Customer.

6.2. Customer Materials. Except for the limited rights and licenses granted in these TOS, Customer will own all right, title, and interest in and to Customer Data and Input Data (as defined in the Feature Specific Terms) and any CSV files uploaded to the Service by Customer and Users to be queried or analyzed by the Service (collectively, the “Customer Materials”) and there are no implied licenses for any of the foregoing under these TOS. Unless otherwise specifically described in the Feature Specific Terms, the Service does not store Customer Materials. Customer grants Sigma a limited, revocable, non-exclusive, worldwide, royalty-free, paid-up, transferable right and license to use, process and display such Customer Materials for the sole purposes of (i) providing the Service and Support Services to Customer and (ii) improving the Service for the Customer’s benefit, provided that the Customer Materials used for improvement are not shared with any other customers. Customer Materials do not include Platform Assets (as defined in the Feature Specific Terms) or Sigma Materials.

6.3. Service Data. “Service Data” means data related to operation, performance, maintenance, and usage of the Service, including user and system action data (e.g., clicks and views), tracing records generated by the Service to execute features, performance metrics, usage telemetry, and metadata needed to allow Users to use with the Service, (e.g., API and query execution metadata). Service Data may include information about the User that provides it, but never includes Customer Materials. Notwithstanding anything else to the contrary herein, the parties agree that Sigma is free to use the Service Data for any lawful purpose, including to operate, maintain, and improve its Service. Sigma agrees that it will not publicly disclose Service Data to any third parties except to the extent the Service Data is aggregated and anonymized such that Customer (including its Users) cannot be identified as the source of any Service Data.

6.4. Data Processing Agreement. Sigma will only access, use, and process Customer Materials that contain Customer Personal Data in accordance with the data processing addendum, the current version of which can be found at https://www.sigmacomputing.com/legal/dpa, or other data processing agreement executed separately by the parties (“DPA”). If there is a conflict between these TOS and the DPA, the DPA will prevail.

6.5. Sigma’s Ownership. Except for the limited rights and licenses granted in this Agreement, Sigma owns all right, title, and interest in and to all materials, features, functionality, technology, and content provided or made available by Sigma, whether pre-existing or developed during the Term, including Documentation, the Sigma Platform, Platform Assets (excluding any Customer Materials included therein), samples, templates, sample applications, demo datasets, reference Data Models, SDKs, libraries, connectors, UI components, styles/themes, tutorials, architectural patterns, best-practice guides, prompt libraries, and template binaries (“Sigma Materials”). Any Customer Materials processed by the Service are not considered part of the Service and remain wholly owned by Customer. Sigma retains all Intellectual Property Rights in and to the Sigma Materials, Feedback, and Service Data, and all related and underlying technology and any updates, enhancements, upgrades, modifications, patches, workarounds, and fixes thereto and all derivative works of or modifications to any of the foregoing. There are no implied licenses under this Agreement and any rights not expressly granted to Customer in this Agreement are expressly reserved by Sigma. Use of and access to the Service are licensed, not sold. The Service is offered as an online, hosted solution, and Customer has no right to obtain a copy of the Service itself or any software or code that underlies the Service. “Intellectual Property Rights” means all patent rights, copyrights, trademark rights, rights in trade secrets (if any), design rights, database rights, domain name rights, moral rights, and any other intellectual property rights (registered or unregistered) throughout the world.

7. Warranties and Disclaimers.

7.1. Sigma Warranties. Sigma represents and warrants that (a) the Service will substantially comply in all material respects with the Documentation, and (b) it will provide the Support Services in a professional and workmanlike manner. If the Service is not provided in accordance with the above warranties, Customer will promptly notify Sigma and Sigma will make commercially reasonable efforts to rectify such non-compliance; if Sigma is not able to modify or otherwise fix the Service to be in compliance with the above warranties, Sigma will terminate these TOS and refund any unused pre-paid Fees to Customer. The foregoing remedy is Customer’s sole remedy and Sigma’s sole liability if Sigma breaches the terms of this Section

7.2. Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, THE SERVICE AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND SIGMA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CUSTOMER ACKNOWLEDGES THAT SIGMA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SIGMA DOES NOT WARRANT ANY RESULTS OF THE SERVICE OR HOW CUSTOMER (INCLUDING ITS USERS) USE SUCH RESULTS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN TYPES OF WARRANTIES. THE FOREGOING DISCLAIMERS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

8. Indemnification.

8.1. Sigma’s Indemnification. Sigma will, at its expense, defend Customer and its Users, officers, directors, and employees against any third-party claim or action brought against Customer to the extent based on the allegation that the Service infringes such third party’s Intellectual Property Rights. Sigma agrees to pay any settlements with respect to any such third-party claim that Sigma agrees to in a writing signed by Sigma’s authorized officer or final judgments awarded to the third party claimant by a court of competent jurisdiction. The foregoing obligations do not apply with respect to the Service or portions or components of the Service (i) that are not provided by Sigma (including services provided by Third-Party Applications), (ii) that are combined with other products (including Customer’s services), processes or materials that are not reasonably contemplated by Sigma or the Documentation, or (iii) where Customer’s use of the Service is not in accordance with these TOS or the Documentation.

8.2. Customer’s 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 on (a) the allegation that the Customer Data or Input Data infringes such third party’s Intellectual Property Rights or privacy rights, (b) Customer’s gross negligence or willful misconduct or (c) Customer’s violation of Section 1.6(f) (regarding compliance with applicable law), 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.

8.3. Procedures. Each party’s obligations under this Section 8 (Indemnification) are conditioned on the indemnified party (a) providing the indemnifying party with prompt written notice of any claim (provided that the indemnified party’s failure to provide prompt written notice will only relieve the indemnifying party of its indemnification obligations hereunder to the extent such failure materially limits or prejudices the indemnifying party’s ability to defend or settle such claim), (b) granting the indemnifying party the sole control of the defense and settlement of the claim and (c) providing reasonable information and assistance to the indemnifying party in the defense or settlement of the claim at the indemnifying party’s expense. The indemnified party may participate in a claim with its own counsel at its own expense. The indemnifying party may not settle any claim that requires the indemnified party to admit fault or pay any amounts without written consent signed by an authorized officer of the indemnified party, not to be unreasonably withheld or delayed. Notwithstanding anything else to the contrary in these TOS, any obligation of indemnifying party to defend, indemnify and hold the other party harmless hereunder is limited to the indemnifying party’s payment for (i) the cost of defense of the third-party claim incurred by the indemnifying party, and (ii) any settlements agreed to by the indemnifying party in a writing signed by an officer of the indemnifying party or final judgments awarded to the third-party claimant by a court of competent jurisdiction.

8.4. Options. If Customer’s use of the Service has become, or in Sigma’s opinion is likely to become, the subject of any claim of infringement, Sigma may, at its option and expense, (a) procure for Customer the right to continue using and receiving the Service as set forth hereunder, (b) modify the Service to make it non-infringing (but containing substantially equivalent functionality), (c) substitute an equivalent for the Service or (d) if Sigma, in its sole discretion, determines that options (a)-(c) are not commercially practicable, terminate these TOS and refund Customer any pre-paid, unused Fees for the remainder of the then-current Subscription Period.

8.5. Sole Remedy. NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY IN THESE TOS, THIS SECTION 8 (Indemnification) STATES EACH PARTY’S ENTIRE RESPONSIBILITY AND THE OTHER PARTY’S SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO INFRINGEMENT OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS UNDER THESE TOS.

9 Limitation of Liability.

9.1. Direct and Indirect Damages. EXCEPT AS STATED UNDER SECTION 9.2 OF THESE TOS, NEITHER PARTY WILL BE LIABLE WITH RESPECT TO ANY CAUSE RELATED TO OR ARISING OUT OF THESE TOS, WHETHER IN AN ACTION BASED ON A CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, HOWEVER ARISING, FOR (A) INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, (B) ANY DAMAGES BASED ON INTERRUPTION, DELAY OR INABILITY TO USE THE SERVICE, LOST REVENUES OR PROFITS, LOSS OF SERVICES, BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF DATA, LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION, OR SHUTDOWN, COST OF REPLACEMENT SERVICES OR COVER, OR BREACHES IN SYSTEM SECURITY, AND (C) ANY DAMAGES THAT IN THE AGGREGATE EXCEED THE TOTAL FEES PAID OR PAYABLE BY CUSTOMER FOR THE SERVICE THAT IS THE SUBJECT OF THE CLAIM DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT WHICH GIVES RISE TO SUCH DAMAGES. ALL LIMITATIONS ON EACH PARTY’S LIABILITY WILL APPLY WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

9.2. Exceptions. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TOS, EACH PARTY’S LIABILITY UNDER SECTION 9.1 ABOVE WILL NOT APPLY TO DAMAGES ARISING FROM (A) CUSTOMER’S OBLIGATIONS UNDER OR BREACH OF SECTION 1.6 (USE RESTRICTIONS AND RESPONSIBILITIES), (B) A PARTY’S OBLIGATIONS UNDER SECTION 8 (INDEMNIFICATION) AND THE EMBEDDING TERMS SECTION D, OR (D) EITHER PARTY’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD.

10. General Terms.

The Service (or features, portions, or results thereof) may be subject to laws maintained by the US government or other jurisdictions (“Export Control Laws”), including US government’s sanctions, embargoes, prohibitions, or other similar restrictive measures against entities/persons (“Sanctioned Persons”), and countries or regions (“Sanctioned Territories”). Sigma represents that the Service, as provided generally to its customers, and Sigma’s provision thereof complies with applicable Export Control Laws. Customer represents and warrants that the Service (and any exportable, downloadable, or transferable parts, products, or results thereof) are not used, accessed, exported, re-exported, transferred, or otherwise made available (directly or indirectly) (i) to any Sanctioned Persons (ii) to or in any Sanctioned Territories, or (iii) otherwise in violation of any in violation of Export Control Laws. Each Party further represents and warrants that it, and entities or persons who control it are not, Sanctioned Persons or located in Sanctioned Territories. Sigma will not publicly identify Customer as a customer without Customer’s prior written consent. Neither party will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include failure by a third-party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action. The parties are independent contractors. There are no third-party beneficiaries to these TOS. Sigma may retain and use subcontractors for the purpose of assisting Sigma with providing the Service. Notices under these TOS will be provided as follows: (a) all notices regarding the Service will be sent by email, although we may instead choose to provide notice to Customer through the Service, (b) notices to Sigma must be sent to legal@sigmacomputing.com, and (c) all notices to Customer will be sent to the email(s) provided through the Service. Notices will be deemed to have been duly given (a) the business day after it is sent, in the case of notices through email; and (b) the same day, in the case of notices through the Service. Sigma may amend these TOS, the SLA, the DPA, and the Embedded Terms at any time by posting a revised version on the webpage hosting these TOS or the SLA, DPA, or Embedded Terms; Sigma will make commercially reasonable efforts to notify Customer by email upon making such amendments. Amended terms of service become effective upon posting on the site. By continuing to use the Service after the effective date of any amendment to these TOS or to the SLA, DPA, or Embedded Terms, Customer agrees to be bound by the amended terms of service. No failure or delay by either party in exercising any right under these TOS will constitute a waiver. No waiver under these TOS will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver. If any provision of these TOS is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these TOS will remain in effect. Customer may not assign or delegate any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of Sigma. These TOS, and any disputes arising out of or related hereto, will be governed exclusively by the internal laws of the State of California, without regard to its conflicts of laws rules or the United Nations Convention on the International Sale of Goods. The state and federal courts located in San Francisco County, California will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to these TOS or its formation, interpretation or enforcement and each party hereby consents and submits to the exclusive jurisdiction of such courts. In any action or proceeding to enforce rights under these TOS, the prevailing party will be entitled to recover its reasonable costs and attorney’s fees. These TOS constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. However, to the extent of any conflict or inconsistency between the provisions in these TOS and any other documents or pages referenced in these TOS, the following order of precedence will apply: (a) the terms of any Order Form (if any), (b) these TOS and (c) except as expressly stated herein, any other documents or pages referenced in these TOS.

11. Starter Pack Terms.

If Customer enters into an Order Form for a subscription to the “Starter Pack” version of the Sigma Platform, this Section 11 will apply. The Starter Pack is intended to allow applicable customers to use a limited version of the Sigma Platform. As such, and notwithstanding any conflicting terms in these TOS, in using the Starter Pack Customer is not permitted to use the following functionality within the Service: (a) the Service’s Export functionality, (b) the Embedded Platform, and (c) any other features stated as limited in the Order Form, or as otherwise communicated as limited by Sigma to Customer from time to time. Notwithstanding anything to the contrary in these TOS, Sigma may terminate these TOS and any applicable Order Form governing Customer’s use of the Starter Pack at any time upon written notice to Customer.

12. Trial Warehouses and Trial Models.

During the Trial Period, Customer may evaluate and use the Service by connecting it with a sample third-party provided data warehouse managed by Sigma (“Trial Warehouse(s)”). AI Features (defined in Section 5 of the Feature Specific Terms) are powered Trial Models by default during the Trial Period. “Trial Model(s)” are the AI models that are pre-configured by Sigma and made available to Customer for use through the Trial Warehouse. Use of Trial Models is not mandatory, and Customer may, in its sole discretion, choose to integrate and enable Integrated AI (as defined in Section 5 of the Feature Specific Terms) to power the AI Features instead of the Trial Model. By accessing or using Trial Models to power AI Features, Customer acknowledges and agrees that:

(a) Customer may only use Trial Models and the Trial Warehouse (“Trial Materials”) during the Trial Period and solely for its internal evaluation purposes. Customer’s use of AI Features during the Trial Period is subject to these Terms and the applicable Feature Specific Terms.

(b) Any data, including Customer Materials and AI Inputs, that Customer uses with or submits to AI Features during the Trial Period may be transmitted to, processed by, stored by, hosted by, or otherwise made available to the third-party provider of the Trial Models as needed to operate the relevant AI Features. The provider of Trial Models may further use such data to train, fine-tune, or otherwise enhance the Trial Models or other AI models. Accordingly, Customer submits personal data, confidential information, or production data to the Trial Models and AI Features during the Trial Period with the understanding that such data will be processed as stated above.

(c) Sigma makes the Trial Materials available to Customer in its sole discretion and may at any time withhold, limit, condition, modify, replace, suspend, disable or discontinue any Trial Materials.

(d) Trial Materials are deemed Third-Party Applications, even if Sigma pre-configures it or makes it available through the Trial Warehouse. Notwithstanding anything to the contrary in this Agreement, Trial Materials are provided “AS-IS” without any warranties, representations, defense or indemnification obligations, or support obligations of any kind.

Last updated: April 20, 2026. To see what has changed, click here.