Last updated: Jan 15, 2025

Terms of Service

These Tinybird Terms of Service (“Terms”), including the Privacy Notice available at tinybird.com/privacy, any Appendices, Statements of Work, and Order Form(s), collectively constitute the “Agreement”, and govern the subscription to and use of the Services (defined below) by your organization (“Customer”). This Agreement constitutes the entire agreement between the parties concerning the subject matter herein, and supersedes any and all communications, representations, and arrangements, whether written or oral, concerning the subject matter hereof. Customer hereby acknowledges that no reliance is placed on any representation made but not referenced in this Agreement. No purchase order or other text purporting to amend or supplement the terms of the Agreement shall modify or vary the provisions set forth herein. Any such purchase order shall be processed by Tinybird for invoicing purposes only. Reference to Tinybird means Tinybird, Inc., a Delaware Corporation, with address 41 East 11th Street, 11th floor, New York, NY 10003, USA, unless otherwise stated in the Order Form.

Tinybird reserves the right to change or modify the Terms in its sole discretion. Acceptance of such changes or modifications is constituted by either: (i) Customer’s continued use of any part of the Services thirty (30) days after the modified Terms have been posted to the Tinybird website, or (ii) Customer’s indication of agreement to the updated Terms, via click-through or otherwise.

1. DEFINED TERMS

“Account” means the Customer’s unique registered account with Tinybird through which its Authorised Users can log into and access the Services.

“Account Administrator” means the Customer’s designated Account administrator who, amongst other things, will authorise the Authorised Users to have access to the Services.

“Authorised Users” means Customer’s Account Administrator and the employees, agents, and independent contractors Customer’s Account Administrator authorises to access and use the Services.

“Business Day” means 10 am to 7 pm CET, excluding any public holidays.

“Confidential Information” means information which is identified as confidential or proprietary by either party, or the nature of which is clearly confidential or proprietary.

“Credits” or “Tinybird Credits” or “Tinybird Commitment” means units of value that can be used towards consumption of the Services during the Term, each with different rates, as described in the Rate Card. Each Tinybird Credit is equivalent in value to one U.S. dollar ($1.00) (or one euro [1.00€], depending on the currency of the Agreement) to spend in the Services.

“Customer Data” means the data Tinybird hosts on Customer’s behalf as a result of Customer’s use of the Services, including (without limitation) any data input by Customer, Customer’s customers, or Customer’s Authorised Users.

“Fees” means the fees for the Services payable by the Customer pursuant to the Agreement.

“Intellectual Property Rights” means (a) patents, trademarks, service marks, registered designs, applications for any of those rights, trade and business names (including Internet domain names), unregistered trademarks, unregistered trade and business names, database rights, copyrights, rights in designs and inventions and any other intellectual property rights which subsist in computer software, computer programs, websites, documents, information, techniques, business methods, drawings, logos, including the “look and feel” of any websites; and (b) rights of the same or similar effect to those specified in paragraph (a); in each case, in any jurisdiction whether registered, registrable or otherwise.

“Minimum Term” means the minimum duration of the Agreement as set out in the Order Form or in the Account.

“Order Form” means the then-current order form signed by the parties.

“Plan” means the specific Services chosen by Customer at the time of Customer’s initial subscription, on upgrade, or renewal, in accordance with the terms of the Agreement. The details of Customer’s Plan will be reflected on the applicable Order Form and/or displayed in the Account.

“Processed Data” is a billing metric calculated based on the total amount of data written to or read from the Services on any given month.

“Overages” refers to additional payable Fees due to consumption of Processed Data or Storage beyond the limits established on the Plan or Order Form. Unless otherwise agreed in the Order Form, Overages will be invoiced monthly in arrears for Storage at $0.34 per excess Gigabyte on any given month and monthly in arrears for Processed Data at $0.07 per additional Gigabyte beyond the total amount of Processed Data included in the Term. There are no Overages in Credits-based Plans: additional Tinybird Credits shall be subject to a new Agreement to be executed between the Parties.

“Rate Card”, in Credits-based Plans, shall mean the list of rates for the Services towards which the Customer can apply Tinybird Credits on a usage basis. As the Customer uses the different Services, the Total Amount of Credits available for the Customer will be reduced at the rates specified in the Rate Card for each of the Services.

“Renewal Term” means successive periods of 12 months from the expiry of the Minimum Term.

“Services” means the Tinybird data analytics platform-as-a-service solution (“Tinybird Analytics”) and related services.

“Site” means the Tinybird website at www.tinybird.com www.tinybird.com

“Storage” means the total amount of disk space used by the Customer to store Customer Data at the end of each monthly period.

“Term” shall mean the Minimum Term and any subsequent Renewal Terms of the Agreement.

“Trial” means a trial of the Services for the Trial Period.

“Trial Period” means a period of fourteen (14) calendar days from the date Customer signs up for a Trial, unless agreed otherwise by Tinybird.

2. DURATION

The Services shall commence on the Start Date set out in the Order Form and shall continue for the Minimum Term. Thereafter, unless otherwise stated in the Order Form or in the Account, it shall be automatically renewed for additional twelve (12) months (each a Renewal Term) subject to the terms and conditions of this Agreement until or unless either party notifies the other party of termination, in writing by giving at least thirty (30) calendar days’ notice prior to the expiry of the Minimum Term or a Renewal Term. Where the Customer has signed up through the Site instead of via a signed Order Form, the Minimum Term shall be set out in the Account.

In Credits-based Plans, if the Customer consumes all its Credits before the expiration of the Term, the Parties shall enter into a new agreement for additional Tinybird Credits.

Unused Credits at the end of the Term will not be rolled over into future Agreements.

3. CHARGES & PAYMENT

3.1  Customer shall be invoiced and agrees to pay the Fees specified in the Order Form or indicated when Customer signs up to the Services on the Site. Unless otherwise stated in the Order Form, or otherwise stated upon sign-up via the Site, Fees are due annually in advance, net thirty (30) days from the invoice date. Overages shall be paid on a monthly basis.

3.2  Customer shall notify Tinybird in writing within seven (7) days of receipt of an incorrect or invalid invoice, giving their reasons. If only part of an invoice is disputed the Customer will pay the undisputed amount as detailed herein.

3.3  Except where any payments are disputed in good faith, if Tinybird has not received payment within thirty (30) days after the invoice due date, and without prejudice to any other rights and remedies available to Tinybird, Tinybird may, without liability to Customer, give Customer seven (7) days before suspending or temporarily disabling all or part of Customer’s access to the Services. Tinybird shall be under no obligation to provide any or all of the Services while the invoice(s) concerned remain unpaid.

3.4  All amounts and fees stated or referred to in this Agreement:

1. are payable in the currency specified in the Order Form or SOW, otherwise agreed by the parties in writing, or specified in the Account, in the case of sign-ups via the Site;
2. are exclusive of sales tax or other withholdings assessable by any jurisdiction, unless otherwise expressly stated. If Customer is required by law to withhold any taxes from Customer’s payment, the Fees shall be increased such that the amount received by Tinybird is equal to the full amount stated in the applicable Order Form.

3.5  Regardless of the payment schedule established in the Order Form, in Credit-based Plans, if all Tinybird Credits are fully consumed before the expiration of the Term, all outstanding invoices shall be immediately due.

4. ACCESS TO, PROVISION AND USE OF THE SERVICE

4.1  Subject to Customer’s compliance with the Agreement, Tinybird hereby grants Customer a limited, non-exclusive, non-transferable (except as set out in Section 14.4), and non-sublicensable right and license during the Term to permit Authorised Users to access and use the Services pursuant to the terms of this Agreement.

4.2  In Credit-based Plans, a portion of the purchased Credits shall be allocated to support Services based on the selected Plan. The allocation is deducted as a percentage of the total purchased Credits, as follows, unless otherwise specified in the applicable Rate Card:

• Enterprise Support: twelve percent (12%) of the total purchased Credits will be deducted
• Premier Support: eighteen percent (18%) of the total purchased of Credits will be deducted

4.3  The Customer is responsible for the activities of its Authorised Users, including users added by Account Administrators, maintaining the confidentiality of login details, and for any activities that occur under the Account. If Customer has any concerns about its login details or thinks they have been misused, Customer should contact Tinybird promptly at support@tinybird.co.

5. RESTRICTIONS ON USE OF THE SERVICE

5.1  Customer shall not process, access, store, distribute, or transmit any viruses, data, or any material during the course of Customer’s use of the Services that:

1. is illegal, unlawful, harmful, threatening, defamatory, obscene, abusive, infringing, harassing, or otherwise offensive;
2. invades another person’s privacy, or is in breach of applicable privacy laws;
3. facilitates illegal activity; or
4. causes distress, damage, or injury to any person or property.

5.2  Tinybird may, without liability to Customer, disable the Services to the extent necessary to disable access to any data or material that breaches the provisions of Clause 5.1.

5.3  Customer shall not, except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties, and except to the extent expressly permitted under this Agreement:

1. attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Services in any form or media, or by any means;
2. attempt to reverse compile, disassemble, reverse engineer, or otherwise reduce to human-perceivable form all or any part of the Services;
3. access all or any part of the Services in order to build a product or service which competes with the Services;
4. use the Services contrary to fair use;
5. license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services available to any third party except the Authorised Users,
6. attempt to obtain, or assist third parties in obtaining, access to the Services, other than as provided in the Agreement.

5.4  Customer shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services and, in the event of any such unauthorised access or use, promptly notify Tinybird.

6. SERVICE AVAILABILITY, SUPPORT AND WARRANTIES

6.1  Provision of the Services to Customer shall start on the Services Start Date. If the Services include a dedicated cluster, Customer’s consumption shall not begin until after the cluster has been provisioned by Tinybird.

6.2  Tinybird will be responsible for the provision of the Services and the Customer is responsible for the timely delivery of any Data reasonably required by Tinybird to perform the Services.

6.3  Tinybird will use commercially reasonable endeavours to make the Services available with an uptime rate of 99% and in accordance with the SLAs detailed in the Plan or as otherwise agreed.

6.4  Except for the express warranties provided in this Agreement, the Services are provided and made available “as is” and the warranties contained in this agreement are in lieu of all other warranties, representations or conditions, express, implied, statutory or otherwise, including but not limited to, those implied warranties of merchantability and fitness for a particular purpose, all of which are expressly disclaimed. Tinybird does not represent that the Services will be uninterrupted or error free or meet Tinybird’s specific requirements.

7. CUSTOMER’S OBLIGATIONS

7.1  Customer shall provide Tinybird with all necessary cooperation in relation to this Agreement, and access to such information as may be reasonably required by Tinybird.

7.2  Customer will:

1. comply with all applicable governing laws and regulations with respect to Customer’s activities under the Agreement;
2. carry out all Customer’s responsibilities and obligations in a timely and efficient manner; in the event of any delays in the provision of such assistance or performance of any obligations agreed by the parties, Tinybird may adjust any agreed timetable or delivery schedule as reasonably necessary;
3. ensure that the Authorised Users use the Services in accordance with the terms and conditions of the Agreement, and be responsible for any Authorised User’s actions and omissions in connection with their use of the Services;
4. obtain and maintain all necessary licences, consents, and permissions necessary for Tinybird or its contractors and agents to perform their obligations under this Agreement, including without limitation the Services;
5. ensure that Customer’s network and systems, including the internet browser used by each Authorised User, comply with the relevant specifications provided by Tinybird from time to time; and
6. be solely responsible for procuring and maintaining its network connections and telecommunications links from its systems to data centres on which the Account is deployed, in order to access and use the Services.

8. CUSTOMER DATA

8.1  Tinybird does not claim ownership in Customer Data. Customer retains all right, title, and interest in and to the Customer Data. Customer hereby grants Tinybird, for the Term, a non-exclusive, worldwide, royalty-free, transferable licence (with a right to sublicense to Tinybird’s service providers, only as required for the provision of the Services) to use, reproduce, copy, cache, publish, display, distribute, modify, create derivative works, and store the Customer Data solely for the purpose of providing the Services. Customer shall have sole responsibility for the legality, reliability, integrity, accuracy, and quality of the Customer Data.

8.2  The parties agree to the terms of the DPA at https://www.tinybird.co/dpa.

8.3  Each party shall comply with its relevant obligations under all applicable data protection legislation.

9. PROPRIETARY RIGHTS

9.1  Customer acknowledges and agrees that Tinybird and/or its licensors own all intellectual property rights in the Services. Except as expressly stated herein, this Agreement does not grant Customer any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Services.

9.2  Publicity. Customer hereby grants Tinybird, for the Term, a revocable, worldwide, non-exclusive, royalty-free, non-transferable license to reproduce its trademarks, service marks, and logos publicity or marketing materials (whether in printed or electronic form) for the purpose of identifying Customer as a customer of Tinybird.

9.3  Feedback. If Customer provides Tinybird with feedback or suggestions regarding the Services, Tinybird may use the feedback or suggestions without restriction or obligation.

10. CONFIDENTIALITY

10.1  Each party may be given access to Confidential Information from the other party in order to perform its obligations under the Agreement. A party’s Confidential Information shall not be deemed to include information that:

1. is or becomes publicly known other than through any act or omission of the receiving party;
2. was in the other party’s lawful possession before the disclosure;
3. is lawfully disclosed to the receiving party by a third party without restriction on disclosure;
4. is independently developed by the receiving party, which independent development can be shown by written evidence; or
5. is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.

10.2  Each party shall hold the other’s Confidential Information in confidence and, unless required by law, not make the other’s Confidential Information available for use for any purpose other than as needed to perform this Agreement.

10.3  Each party shall take all reasonable steps to ensure that the other’s Confidential Information to which it has access is not disclosed or distributed by its employees or agents in violation of these terms and conditions.

10.4  This Clause 10 shall survive termination of this Agreement, however arising.

11. INDEMNIFICATION

11.1  Tinybird will defend and indemnify Customer against all damages and losses awarded against Customer or agreed by Tinybird in final settlement (including reasonable legal fees) arising from a claim that the Services used within the scope of this Agreement infringes any third-party intellectual property rights, provided that (a) Customer notifies Tinybird in writing within thirty (30) calendar days of the claim, (b) Tinybird has sole control of the defence and all related settlement negotiations, and (c) Customer provides Tinybird with the assistance, information and authority necessary to perform the above. Reasonable, documented, out-of-pocket expenses incurred by Customer in providing such assistance will be reimbursed by Tinybird.

11.2  If Customer’s normal use or access to the Services is held or believed by Tinybird to infringe as detailed in 11.1 above, then Tinybird may at its expense:

1. procure the right to continue using the Services;
2. modify or replace the infringing material so as to avoid the infringement, provided that the new performance and functionality is at least equivalent to the original Services; or
3. if such remedies are not reasonably available, refund to Customer any unused Fees paid upfront whereupon this Agreement shall terminate.

11.3  This indemnity will not apply to claims arising out of (i.) the operation or use of the Services or any part thereof in combination with any equipment devices, software, systems, and/or computer programs not approved by Tinybird for use with the Services, if such infringement would have been avoided by the use of the Services without such equipment and/or programs; (ii.) Customer’s use of the Services other than as authorized by this Agreement; (iii.) Customer’s use of the Services after receiving notice from Tinybird to stop doing so in order to avoid infringement or misappropriation; (iv.) any Services provided to Customer free of charge. The foregoing states the entire liability of Tinybird with respect to infringement or alleged infringement of any third-party rights of any kind whatsoever.

11.4  Tinybird has no control over the use of the Services by the Customer. In order to protect Tinybird and its ability to continue to provide the Services, Tinybird requires the following indemnity. Customer shall indemnify and defend Tinybird, its affiliates, agents, and contractors from and against any and all losses, damages, claims, liabilities or expenses (including reasonable attorneys’ fees) arising out of a claim brought by a third party relating to Customer’s use of the Services. Tinybird shall provide Customer prompt notice in writing of any such claim or action. Customer shall have sole control of the defence and all related settlement negotiations, and Tinybird shall provide the assistance, information and authority necessary to perform the above. Reasonable, documented, out-of-pocket expenses incurred by Tinybird in providing such assistance will be reimbursed by Customer. Tinybird shall be entitled to participate in the defence with its own counsel and at its own expense.

12. LIMITATION OF LIABILITY

12.1  NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT EITHER PARTY’S LIABILITY IN RESPECT OF DEATH, PERSONAL INJURY, OR DAMAGE TO TANGIBLE PROPERTY ARISING FROM ITS NEGLIGENCE OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION.

12.2  SUBJECT TO THE EXCLUSIONS IN CLAUSE 12.1 ABOVE, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS, DEPLETION OF GOODWILL AND/OR SIMILAR LOSSES OR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL COSTS, DAMAGES, CHARGES OR EXPENSES OF ANY KIND WHATSOEVER, HOWEVER ARISING UNDER THE AGREEMENT.

12.3  To the extent that Tinybird is liable under this Agreement, Tinybird’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to the total Fees paid in the twelve (12) month period immediately preceding the date on which the liability arose.

12.4  The limitations set forth in Clause 12.3 shall not apply to matters subject to indemnification under this Agreement or infringement or misappropriation of Intellectual Property Rights.

13. TERMINATION

13.1  Tinybird may terminate this Agreement by notice to Customer with immediate effect, or such notice as Tinybird may elect to give Customer, if Customer: you:

1. fails to pay any sum due to Tinybird, and such sum remains outstanding for a further fourteen (14) calendar days following notice requiring such sum to be paid; in such event, Tinybird may terminate the Agreement immediately by notice and without liability to Customer.
2. fails to use the Account for a period of twelve (12) months;

If Customer is accessing the Services under a free Plan, Tinybird reserves the right to terminate this Agreement, and Customer’s access to the Services, at any time and with immediate effect, without prior notice or liability.

13.2  Either party may terminate this Agreement at any time on written notice to the other if the other:

1. is in material breach of any of the terms of this Agreement and either that breach is incapable of remedy, or the other party fails to remedy that breach within 30 calendar days after receiving written notice requiring it to remedy that breach; or
2. becomes insolvent, or is subject to an order or a resolution for its liquidation, administration, winding-up or dissolution (otherwise than for the purposes of a solvent amalgamation or reconstruction), or has an administrative or other receiver, manager, trustee, liquidator, administrator or similar officer appointed over all or any substantial part of its assets, or enters into or proposes any composition or arrangement with its creditors generally, or is subject to any analogous event or proceeding in any applicable jurisdiction.

13.3  On termination of this Agreement for any reason all licences granted under this Agreement shall immediately terminate, and Customer’s right to access and use the Services will end. The accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination shall not be affected or prejudiced.

14. GENERAL

14.1  FORCE MAJEURE. No party shall be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its control including, without limitation, any of the following: non-availability or failure of any third party service, act of God, governmental act, war, fire, flood, explosion, communications or failure of the Internet or civil commotion.

14.2  WAIVER. No waiver of any rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or of any later breach.

14.3  SEVERABILITY. If any provision of this Agreement is judged to be illegal or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect.

14.4  ASSIGNMENT. Either party may assign this Agreement in whole or in part with prior written notification to the non-assigning party. This Agreement will be binding upon the parties hereto and any authorised assigns.

14.5  NO PARTNERSHIP OR AGENCY. Nothing in this Agreement is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

14.6  THIRD PARTY RIGHTS. This Agreement does not confer any rights on any person or party (other than the parties to this Agreement and, where applicable, their successors and permitted assigns).

14.7  NOTICE. Any notice required to be given pursuant to this Agreement shall be in writing, and shall be sent to the other party marked for the attention of the person at the address set out for such party in this Agreement. Notices may be sent by first-class mail or fax, or signed and scanned and sent by email. Correctly addressed notices sent by first-class mail shall be deemed to have been delivered seventy two (72) hours after posting and correctly directed emails shall be deemed to have been received instantaneously on transmission, provided that they are sent to the correct email address.

14.8  GOVERNING LAW AND JURISDICTION. This Agreement shall be governed by and construed in accordance with laws of the State of New York and each party hereby submits to the exclusive jurisdiction of the state or federal courts located in New York. The Parties agree that the United Nations Convention on Contracts for the International Sale of Goods are specifically excluded from application to this Agreement.

APPENDIX 1

Service Level Agreement (“SLA”)

ENTERPRISE PLANS AND DEVELOPER PLANS WITH TINYBIRD CREDITS ONLY

SERVICE LEVELS

1. Applicability and Availability.

1.1  Applicability. This SLA is not applicable to Free Plans or to Developer Self-Service Plans.

1.2  Tinybird shall provide at least a 99.9% per calendar month uptime availability (“Uptime Service Level”). Availability shall be measured 24/7/365. Customer-caused outages or disruptions or outages or disruptions attributable in whole or in part to force majeure events shall not be included in any measurement of Uptime Service Level. Scheduled Maintenance Events (in respect of which proper notice has been given to the Customer) and Emergency Maintenance Events shall not be included in any measurement of Uptime Service Level.

1.3  Outages as a result of the Customer breaching its obligations under this Agreement or significantly contributed to by Customer elements outside of Tinybird’s control (such as Customer equipment, connectivity etc) shall not be included in any measurement of Uptime Service Level.

1.4  All measurements are performed at one (1)-minute intervals. Availability measurements shall be carried out by Tinybird using automated monitoring tools. The Services shall be “unavailable” as notified by the monitoring tool or if a user is unable to access the Services or request data from the Service API endpoints at any time during the Term of the Agreement.

1.5  Services shall be “unavailable” if all users are unable to ingest new data into the Services. However, if the Services become unavailable without affecting the Customer’s capacity to access or query the Services, it will only count towards the SLA after three (3) consecutive hours of unavailability.

1.6  Monthly average percentage uptime availability is calculated at the end of each calendar month, as the total actual uptime minutes divided by total possible uptime minutes in the month minus the exclusions defined above.

2. Support.

2.1  Hours of Email Support (“Email Support Hours”) are 9am to 6:30pm CET on a Business Day.

2.2  During Email Support Hours, the Customer shall be able to request Support Services, by emailing support@tinybird.co. If other means of communication are agreed between the parties, support hours will match Email Support Hours.

2.3  Outside Email Support Hours, unless agreed with the customer specifically, are not included in Enterprise accounts. If included, the Customer shall be able to request Support Services for Critical or High Severity incidents only, by telephone call to: +34 910 470 146. Critical incidents shall mean those where Tinybird Analytics is “down” or inaccessible and/or malfunctioning in such a way that significantly affects the business of the Customer.

High Severity incidents shall mean those where Tinybird Analytics is partially unresponsive or malfunctioning in a way that prevents Customer from using some of Tinybird’s features.

2.4  Tinybird shall work with the Customer in order to investigate and resolve issues in the end to end service operation or for which the root cause and ownership may be unknown. The Customer shall facilitate coordination between Tinybird and third-parties with which Tinybird has no commercial or operational relationship.

2.5  Tinybird shall endeavour to meet the following support service levels:

3. Maintenance

3.1  In order to carry out essential maintenance work, Tinybird shall be entitled to schedule planned outages (Scheduled Maintenance Events), giving the Customer notice two (2) days in advance. Tinybird will endeavour to plan Scheduled Maintenance Events at times minimising disruption to the Customer.

3.2  On occasions when the core security or stability of the Services is at risk (e.g., if a critical security vulnerability has been discovered in a third-party library used by the Service, and publicised), Tinybird shall be entitled to schedule planned outages (Emergency Maintenance Events), giving the Customer notice less than two (2) days in advance. Tinybird will endeavour to plan Emergency Maintenance Events at times minimising disruption to the Customer.

3.3  Unless agreed with the Customer, the total duration of Scheduled and Emergency Maintenance Events during Email Support Hours will be capped to four (4) hours in any calendar month

4. Change Management

4.1  For major releases with a significant impact on users of the Services (e.g., new screens, major redesign of existing user interfaces…), Tinybird shall provide two (2) weeks in advance release notes describing new enhancements and features. Tinybird will also make available to the Customer additional on-site training and user assistance. Tinybird may charge the Customer for additional on-site training and user assistance, costs being agreed in good faith by Tinybird and the Customer.

4.2  For minor releases with a low impact on users of the Services (e.g., minor changes to existing screens), Tinybird shall provide periodic updates every two (2) to four (4) weeks, not necessarily in advance of releases, outlining new enhancements and features.

5. Back-up

5.1  Database content shall be backed up to file once a day.

5.2  Back-up files shall be retained for a period of two (2) days.

5.3  Tinybird shall perform a yearly test restore from back-up at no additional cost.

6. Disaster Recovery

6.1  Tinybird shall put in place a Disaster Recovery (DR) solution which is to at least the standard of good industry practice to ensure continuity of the Services in the event of a catastrophic failure impacting Tinybird’s infrastructure.

6.2  The Disaster Recovery solution shall allow for resuming the Services within twenty-four (24) hours of initiation.

6.3  The Disaster Recovery solution shall be made available to the Customer as and when needed, at no additional cost.