Terms of Use

These Terms of Use (“Terms”) between you (“you,” “your,” or “End User”) and Viant US LLC (“Viant,” “our,” “us”) govern your use of the BigQuery Google Storage Based Data Loader (“BQtail”) application (“Application,”), and are effective April 2, 2021. By using the Application, you agree to these Terms. If you are entering these Terms on behalf of an entity, you represent that you have the authority to bind the entity and its affiliates to this agreement, in which case “you” or “your” refers to the entity and its affiliates.

The BQTail Privacy Policy is incorporated by reference and governs your free use of the Application. These Terms and the Privacy Policy constitute a legal contract between you and Viant (the “Agreement”).

If you do not have authority to accept or you don’t agree with this Agreement, you may not use the Application. By using the Application, you represent and warrant that your use of the Application does not violate any Applicable Law.

  1. BQTail Application. The Application is an online, browser-based tool offered to assist you with ingesting data into a Google Big Query enterprise data warehouse. The Application does not allow you to save data within the Application.
  2. Account Creation. You are required to have a Google account to access the Application. You must be at least 18 years old to create an account. You represent that the information you provide is truthful and accurate. You may not share your account with anyone else. You are responsible for the security of your account, including the confidentiality of your password.
  3. License.
    1. BQTail License. Subject to these Terms, Viant grants you a royalty-free, non-exclusive, non-transferable, non-sublicenseable, revocable license during the term to access and use the Application within a Google BigQuery environment.
    2. BQTail is an open source project and the source code is made available for commercial use under and subject to the terms of Apache License 2.0. Under these terms, users may not remove existing copyright, patent, trademarks and attribution notices from the underlying source code. You may not sell access to the Application.
  4. Intellectual Property Ownership. “Intellectual Property Rights” means copyrights (including moral rights), trademarks and registrations and applications for registration thereof; computer software programs, data and documentation; patents and patent applications; trade secrets know-how, process, techniques, or designs; and any other proprietary rights relating to the foregoing. No license is granted, express or implied, for Viant’s Intellectual Property Rights, and it owns and retains all right, title, and interest in its trade names, logos, trademarks, service marks, trade dress, Internet domain names, copyrights, patents, and trade secrets currently used or which may be developed and/or used in the future. All ownership and Intellectual Property Rights, title, and interest in and to the Application, as such may be modified, upgraded, and/or enhanced from time to time (together with all Intellectual Property Rights therein) will remain with and belong exclusively to Viant. You may not (i) misappropriate any part of the Application; (ii) alter, merge, modify, translate, adapt in any way, or prepare any derivative work based upon the Application (excluding the underlying open source code); (iii) encumber the Application or any copy thereof; or (iv) remove any proprietary notices from the Application or other materials furnished or made available hereunder. We reserve all rights not expressly granted to you.
  5. Disclaimers and Limitation of Liability.
    1. THE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK, AND WE DO NOT GUARANTEE THAT THEY WILL BE PROVIDED ON AN UNINTERRUPTED CAPACITY, BE ERROR OR BUG-FREE, OR PROVIDE COMPLETE, ACCURATE, OR USEFUL DATA INGESTION. TO THE EXTENT PERMITTED BY LAW, WE MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION GIVEN BY OUR REPRESENTATIVES CREATES A WARRANTY.
    2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VIANT IS NOT RESPONSIBLE FOR ANY DAMAGE, INJURY OR LOSS CAUSED BY USE OF THE APPLICATION.
    3. IN NO EVENT SHALL VIANT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM: (A) YOUR USE OR INABILITY TO USE THE APPLICATION, OR THE PERFORMANCE OF THE APPLICATION, (B) ANY ERRORS OR OMISSIONS IN THE APPLICATION’S TECHNICAL OPERATION, OR (C) ANY DAMAGE TO A USER’S COMPUTER, HARDWARE, SOFTWARE, MODEM, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE, OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING LOSSES OR DAMAGES IN THE FORM OF LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR EQUIPMENT FAILURE OR MALFUNCTION, EVEN IF VIANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    4. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, VIANT’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO VIANT FOR USE OF THE APPLICATION. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY EVEN IF ANY OF THE FOREGOING EVENTS OR CIRCUMSTANCES WERE FORESEEABLE AND EVEN IF VIANT WAS ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, REGARDLESS OF WHETHER YOU BRING AN ACTION BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR TORT (INCLUDING WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE VIANT SERVICES).
    5. THE APPLICATION DOES NOT STORE YOUR DATA, NOR DO THEY ALL ALLOW VIANT THE ABILITY TO VIEW OR ACCESS YOUR DATA. UNDER NO CIRCUMSTANCE WILL VIANT BE LIABLE FOR CORRUPTION, DELETION, DESTRUCTION, OR LOSS OF YOUR DATA.
  6. Indemnification.
    1. Indemnification by You. To the maximum extent permitted by applicable law, you agree to indemnify, defend (at Viant’s election) and hold Viant, its subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees and costs, alleged by any third party due to or arising out of or in connection with: (a) your use of the Application and/or your activities in connection with the Application; (b) your violation or anticipatory violation of any Applicable Law in connection with your use and/or your activities in connection with the Application; (c) a breach or anticipatory breach of this Agreement or any Additional Terms; (d) any breach of your agreements, representations and warranties set forth in this Agreement; or (e) allegations that any of your data, your use of your data with our Application, or your combination of technology with the Application infringes or misappropriates a third party’s intellectual property rights (all of the foregoing, “Claims and Losses”). You will cooperate fully as required by Viant in the defense of any Claim and Losses. Notwithstanding the foregoing, Viant retains the exclusive right to settle, compromise, and pay any and all Claims and Losses. Viant reserves the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of Viant. You will defend us and our affiliates against any claim, demand suit, or proceeding made or brought against us by a third party, (i), or (ii) arising out of your unlawful use of the Application or use in violation of this Agreement (“Claim Against Us”).
  7. Term and Termination.
    1. Term. This Agreement is effective as of the first day you accept it, by using the Application, and remains in force as long as you use the Application. The License, Intellectual Property Ownership, Disclaimers and Limitation of Liability, and Indemnity provisions shall remain in force even after you stop using the Application.
    2. Modification or Termination. The terms of this Agreement are subject to change by Viant, in its sole discretion at any time, and we may cease offering the Application at any time. Further, we may deny, restrict, suspend, or terminate your access to all or any part of the Application at any time, for any or no reason, with or without prior notice or explanation, and to the maximum extent permitted by applicable law. When changes to this Agreement are made, Viant will make a new copy available through the Application settings panel. Your future use of the Application is governed by the version of the Agreement in place at the time of use.
  8. Governing law. This Agreement is governed by and construed in accordance with the laws of California, without regard to its conflict of laws rules. You expressly agree to the exclusive jurisdiction for any claim or dispute under this Agreement and or your use of the Application resides in the courts located in Orange County, California, and you further expressly agree to submit to the personal jurisdiction of such courts for litigating any such claim or action.
  9. Severability. If a provision in this Agreement is found by a court of competent jurisdiction to be unenforceable, that provision will be struck from this Agreement, and the remaining provisions will remain in effect.