Service-Specific Terms

These Service-Specific Terms govern the Customer’s access and use of Additional Services described herein, supplement the General Terms and/or definite agreement between the Parties, and form part of and are incorporated into the Agreement by Aiven and the Customer. These Service Specific Terms apply to the Customer upon accessing or using the Additional Services described below. In case of discrepancy between the Agreement, General Terms or definite agreement and these Service-Specific Terms, then these Service-Specific Terms shall apply, however, provided that the Additional Services described below are made available as Beta Services or Beta Features, the terms applicable to Beta Services and Beta Features described in the General Terms shall apply and take precedence. Capitalized terms used in these Service-Specific Terms shall have the same meaning given to them in the General Terms.

(i) Aiven AI

1. General

1.1 Aiven Cloud Services may include products, features, or tools that incorporate artificial intelligence (“AI”) or related technology such as generative AI. These terms apply to the following AI features and services listed below (collectively “Aiven AI”).

(i) AI editor in Aiven for PostgreSQL; and

(ii) Aiven Managed Agents (Beta Service).

Aiven Managed Agents is currently made available as a Beta Service. It may not be as reliable or available as Aiven’s generally available Cloud Services and may be changed or discontinued at any time without notice. The Customer’s use of this Beta Service is at its sole discretion and risk, in addition to the Beta Services terms set out in the General Terms.

Additional AI features and services may be added to the scope of these terms from time to time.

1.2 These terms governing Aiven AI consist of: (i) general terms applicable to all Aiven AI; and (ii) service-specific terms for individual AI features and services listed above, where applicable. Such service-specific terms, if any, are described in the sections below.

2. Intellectual Property Rights

2.1 Ownership of Inputs. Between Aiven and the Customer, data, text and other instructions in the form of prompts as provided by the Customer to interact with Aiven AI (“Inputs”) belong to the Customer. The Customer grants Aiven and its licensors a worldwide, transferable, non-exclusive, and sublicensable right to use, process, store, and transmit the Inputs solely to provide Aiven AI to the Customer.

2.2 Data training. Aiven does not use Customer Inputs or Outputs to train or improve AI models. Aiven uses Third-Party Providers who have committed to not training their models using Customer data.

2.3 Ownership of Outputs. Between Aiven and the Customer, the Customer retains all rights the Customer may have related to results, suggestions, content, code, or other materials, including the software application generated by Aiven AI as the basis of Inputs (“Outputs”). Please note that Outputs may not be unique and that AI may generate identical or similar outputs for other customers who provide similar prompts. Because Outputs may not be unique, the Customer is responsible for any use of the Outputs and Aiven makes no representations or warranties regarding non-infringement of the Outputs.

2.4 Intellectual Property Rights belonging to Aiven. All rights, title and interest, including Intellectual Property Rights belonging to Aiven including related to Aiven AI will belong exclusively to Aiven or its licensors. Except for the express license to use Aiven AI, the Customer shall have no and shall not by virtue of this Agreement obtain any rights, license or interests in and to the Aiven AI or any Intellectual Property Rights pertaining thereto.

2.5 Intellectual Property Rights belonging to Third-Party Providers. All Intellectual Property Rights in and to the AI models, algorithms, systems, and underlying technology used to provide Aiven AI remain the exclusive property of the Third-Party Provider and their licensors and are not transferred to the Customer.

3. Third-Party Providers

3.1 To provide Aiven AI, Aiven uses third-party providers such as providers of the underlying large language models (“Third-Party Providers”). Aiven selects these providers in its sole discretion and reserves the right to modify them.

3.2 Because Aiven AI relies on Third-Party Providers, the Customer acknowledges and agrees that Customer Inputs and Outputs are transmitted to and processed by the Third-Party Providers to provide the AI Services.

3.3 The Customer may review the Third-Party Providers in Aiven’s sub-processor list at: https://aiven.io/subprocessors.

3.4 In addition to the usage policies in Section 4 below, the Customer agrees to comply with the then-current usage policies by the Third-Party Providers when interacting with Aiven AI: (i) Google’s Generative AI Use Policy; and (ii) Google Cloud Acceptable Use Policy.

3.5 Customer-Connected Integrations. Aiven AI may provide the capability to connect to Customer’s third-party applications or services. Such connections are selected, configured, and authorized by and at the Customer’s risk. Providers of such third-party applications or services are not Aiven Subprocessors.

4. Usage Policies and Limitations

4.1 Because the Customer controls the Inputs used in interaction with Aiven AI, the Customer is solely responsible for ensuring that Inputs are lawful and do not violate any third-party rights. The Customer is responsible for obtaining any necessary consents required to use Inputs in the context of Aiven AI.

4.2 The Customer must not use Aiven AI:

1. for any purpose that would constitute a "prohibited AI practice" under Article 5 of Regulation (EU) 2024/1689 (the "EU AI Act"), or deploy Aiven AI in a manner that would constitute it as a "high-risk AI system" under Article 6 of the EU AI Act;
2. in violation of Acceptable Use Policy and Third-Party Terms;
3. to generate, create, or distribute harmful, discriminatory, defamatory, harassing, threatening, or misleading content;
4. copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble, or attempt to extract or derive the source code of, or any components of the AI models used;
5. resell, redistribute, or provide access to Aiven AI to third parties without Aiven's prior written consent;
6. to develop a similar or a competing product or service;
7. to create or improve AI models similar to the Third-Party AI models with the Outputs; and/or
8. use automated means to generate excessive requests or otherwise abuse Aiven AI beyond reasonable usage patterns.

4.3 Aiven may limit the use of Aiven AI (e.g. by number of prompts or requests per day per user). The Customer may not bypass or circumvent such limitations.

4.4 Aiven may suspend or terminate Customer’s access to Aiven AI if Aiven reasonably believes the Customer has breached the usage policies or limitations.

5. Disclaimer and Indemnification

5.1 Availability. Aiven AI is not subject to the Service Level Agreement and no availability is guaranteed. Aiven will not provide any Service Credits in relation to any Aiven AI downtime.

5.2 No warranty. The Customer uses Aiven AI including at its sole risk and is solely responsible for its operation of Aiven AI. Outputs may contain inaccuracies or biases and the Customer should evaluate all Outputs for accuracy appropriate to their use case, including employing human review where appropriate. Aiven makes no representation or warranty regarding Outputs or any actions taken by Aiven AI and is not liable for any usage thereof.

5.3 Customer indemnification. The Customer shall indemnify, defend, and hold harmless Aiven, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or relating to (a) the Customer's use or misuse of Aiven AI in violation of the terms of these Service-Specific Terms or Third-Party Providers’ policies; (b) excessive use of Aiven AI in violation of usage limitations; (c) unlawful, infringing, or otherwise improper Inputs; and (d) Customer's use of Outputs; and (e) actions taken by Aiven AI including on third-party applications or services via Customer-Connected Integrations.

5.4 Customer’s indemnification set forth herein shall not be subject to limitation of liability set forth in the Agreement.

(ii) Aiven Runtime

Aiven will use commercially reasonable efforts to make Aiven Runtime and/or Aiven for DataHub available with an uptime percentage of at least 99.9% during any calendar month.

1. Service Description and Scope

1.1 Scope and Applicability. These terms govern the Customer’s use of Aiven Runtime, a cloud based service through which Aiven makes available managed cloud infrastructure, runtime environments, and deployment tooling enabling the Customer to deploy, run, and operate the Customer Application (hereinafter referred to as the “Aiven Runtime”), distinct from and in addition to managed database services provided as Cloud Services.

2. Definitions

2.1 “Customer Application” means a software application owned or licensed by the Customer that the Customer deploys or makes available for hosting via Aiven Runtime.

2.2 “Content” means any files, data, information, and other content uploaded to, stored in, transmitted through, processed by, or displayed via the Customer Application by the Customer or Customer’s End-Users.

2.3 “End-Users” means any users who interact with the Customer Application including but not limited to the Customer’s own employees.

3. Intellectual Property Rights and Indemnification

3.1 Aiven Runtime Intellectual Property Rights. All rights, title and interest, including all Intellectual Property Rights in and to Aiven Runtime and any changes thereto shall exclusively belong to Aiven or its licensors. Except for the express license to use Aiven Runtime granted to the Customer under and in accordance with these terms and conditions, the Customer shall have no and shall not by virtue of these terms obtain any rights, license or interests in and to Aiven Runtime or any Intellectual Property Rights pertaining thereto.

3.2 Customer Application and Content. All rights, title and interest, including all Intellectual Property Rights in and to the Customer Application and Content belong to the Customer or its licensors. Aiven shall have no and shall not by virtue of these terms obtain any rights or interests in and to the Customer Application or any Intellectual Property Rights pertaining thereto, except as set out in Section 3.3 below.

3.3 License to Customer Application and Content. The Customer grants Aiven a non-exclusive, revocable, non-transferable, royalty-free, sublicensable (solely to Aiven’s sub-processors and service providers) license to host, copy, process and transmit Customer Application and Content to the extent required to provide Aiven Runtime to the Customer.

3.4 Content and Customer Application Warranty. Customer represents and warrants that (i) it holds all necessary rights and licenses, including Intellectual Property Rights, in the Content and Customer Application to grant Aiven the rights required to provide Aiven Runtime; (ii) the Content and Customer Application do not infringe, misappropriate, or violate any third-party intellectual property, privacy, or publicity rights, nor are they defamatory, deceptive, or otherwise unlawful; and (iii) the Content and Customer Application contain no viruses, worms, Trojan horses, corrupted files, hoaxes, malicious code, or other items of a destructive or deceptive nature. Customer acknowledges that any use of Aiven Runtime in violation of these representations constitutes a material breach of Agreement.

3.5 Customer Indemnification. The Customer shall defend, indemnify, and hold harmless Aiven, its affiliates, officers, directors, employees, agents, and licensors, at the Customer's own expense, against any third party claims, actions, demands, proceedings, damages, fines, and expenses including attorneys’ fees, arising out of or in connection with:

i) Content and/or Customer Application;

ii) any allegation that the Content or Customer Application infringes, misappropriates, or violates third party intellectual property rights or applicable laws.

Customer’s indemnification set forth herein shall not be subject to limitation of liability set forth in the Agreement.

4. Acceptable Use

4.1 Use Restrictions. Customer is not permitted and not entitled to permit its End-Users or any other parties to use Aiven Runtime for any illegal, fraudulent, or otherwise infringing or offensive purposes or to host, distribute, transmit, store or display and/or process Content through Customer Application that is illegal, fraudulent, or otherwise infringing or offensive.

4.2 Acceptable Use Policy. Customer’s use of Aiven Runtime is subject to Aiven’s Acceptable Use Policy. Customer shall ensure that its use of Aiven Runtime and/or the Content and Customer Application does not violate the Acceptable Use Policy and these terms including Section 4.1 above. Customer acknowledges that the Acceptable Use Policy is not exhaustive and does not limit Aiven’s right to determine violation subject to Section 4.1.

4.3 Customer Take-Down Obligation. Customer agrees to immediately take down Content and/or Customer Application that violates Section 4.1 and/or the Acceptable Use Policy, including upon notification by Aiven or a competent authority that any Content or Customer Application violates the Acceptable Use Policy, applicable laws or regulations including but not limited to the (EU) regulation 2022/2065 of the European Parliament and of the Council (“Digital Services Act”), or these terms. Customer’s obligation under this Section 4.3 is without prejudice to, and does not limit, Aiven’s rights under the remainder of this Section 4.

4.4 Suspension and Termination. Aiven shall have the right to suspend provision of Aiven Runtime to the Customer and/or deny Customer’s access without first hearing the Customer if Aiven suspects that the Customer has violated the Acceptable Use Policy or the terms set forth herein.

4.5 Illegal Content and Customer Application. IIf Aiven has reason to believe that any Content or the Customer Application is unlawful, or if Aiven receives a request to remove any Content and/or cease the hosting of Customer Application from any individual or other legal entity, competent authorities, or law enforcement agencies, or based on applicable law including but not limited to the Digital Services Act, Aiven shall have the right to:

(i) suspend or terminate Customer’s access to Aiven Runtime subject to Section 4.4 above;

(ii) terminate the Agreement; and/or

(iii) take all necessary and available measures to remove Content or disable access to and cease the hosting of the Customer Application as required by the applicable law.

4.6 Statement of Reasons. Where Aiven takes any of the measures described in Section 4.5, Aiven shall, to the extent required by Article 17 of the Digital Services Act, provide the Customer with a statement of reasons setting out the facts and circumstances relied on, the legal or contractual ground for the measure, and information on the redress possibilities available to the Customer.

4.7. No Liability. Aiven shall have no liability to the Customer, End-Users, or any third-party for the suspension, termination, or removal of access to Aiven Runtime, Customer Application, or Content as set forth in this Section 4.

5. Security of Customer Application

5.1 Responsibility of Customer Application Security. The Customer is solely responsible for the security of its Customer Application.

5.2 Acceptance of Customer Application. Aiven may and the Customer authorizes Aiven to perform a technical security analysis of the Customer Application code using anti-abuse tools and methods in its discretion for the purposes of detecting abusive and malicious applications. Where such analysis indicates an anomaly or potential concern, Aiven reserves the right to conduct further investigation, which may include human review of the relevant code or activity, and may result in rejection of the hosting of the Customer Application at Aiven’s discretion. Where such further investigation is initiated, Aiven will use reasonable efforts to notify the Customer of the relevant concern in a timely manner.

5.3 No Warranty. Code analysis does not constitute a security audit, security certification, or assessment of the Customer Application's fitness for any purpose, and Aiven makes no warranty, representation, or guarantee, express or implied, as to the security or integrity of any Customer Application as a result of an analysis having been carried out. The carrying out of an analysis, or the absence of any findings arising from it, shall not be construed as an approval of the Customer Application for deployment or as limiting Aiven's right to subsequently suspend, restrict access to, or remove any Customer Application at any time in accordance with these terms.

6. Restricted Data

6.1 Supplemental Agreement. Customers that require a service environment with enhanced security controls designed to support PCI-DSS or HIPAA compliance obligations must separately contact Aiven to enquire about dedicated service tiers. Use of such tiers is subject to a separate supplemental agreement.

7. General Responsibilities

7.1 Customer Responsibilities. The Customer is solely responsible for:

(a) the Customer Application, including its design, development, configuration, performance, availability, security, application-level access controls, authentication mechanisms, vulnerability management, and all third-party software, open-source libraries, and other components incorporated into it or which interoperate with the Customer Application;

(b) conducting regular security assessments of the Customer Application and developing and maintaining business continuity and disaster recovery plans at the application level, separately from any infrastructure-level continuity measures maintained by Aiven;

(c) all Content transmitted, stored, displayed, or processed by the Customer Application, and the Customer Application itself, including their accuracy, integrity, legality, and compliance with all applicable laws and regulations including but not limited to data protection laws;

(d) maintaining independent backups of the Customer Application and all associated Content;

(e) all interactions between the Customer Application and its End-Users, including the terms on which End-Users access the Customer Application and any obligations owed to them by the Customer. The Customer shall ensure that End-Users' use of the Customer Application does not result in a breach of these terms. The Customer shall be liable to Aiven for any such breach as if it were a breach by the Customer itself. Aiven has no direct relationship with End-Users of the Customer Application and accepts no responsibility or liability in respect of them; and

(f) providing any support to the End-Users of the Customer Application.

8. Disclaimers

8.1 Third-Party Connections. Aiven is not liable for and does not warrant that integrations, connections, or interfaces between Aiven Runtime and any third-party services, platforms, repositories, or tools, including without limitation source code repositories and software libraries, will be uninterrupted, error-free, or fit for the Customer's intended purpose.

8.2 Disclaimer. Aiven Runtime is provided on an ‘as is’ basis. For the avoidance of doubt, the warranties and disclaimers set forth in the General Terms apply in full to Aiven Runtime.

(iii) Aiven Network & Data Transfer Fair Usage Policy

Kafka and Valkey Managed Services

Overview

Aiven provides performant, predictably priced managed Apache Kafka and managed Valkey services. To protect the stability of our global fleet and preserve competitive pricing for the majority of Aiven Customers, this Fair Usage Policy governs network throughput on Kafka and Valkey service plans. The Fair Usage Policy ensures that typical usage remains unaffected while addressing the disproportionate infrastructure cost created by architectural outliers.

Scope

• Applies to: all Apache Kafka and all Valkey service plans.
• Does not apply to: Customers with an active Cloud Service Agreement and Order Form that already include terms detailing agreed network and data transfer pricing.

Defining "Fair Usage"

Fair Usage is defined by reference to the cloud provider's underlying cost of network traffic relative to the Customer's monthly service price for the relevant plan. Network consumption costs are calculated using the relevant cloud service provider's published public pricing for the region and traffic type (Inter-zone, Inter-region, or Internet) applicable to the service.

Traffic scope and the cost-outlier threshold differ by service:

Both Cloud Services apply a two-tier structure: accrued network cost exceeding 7.5% of the monthly plan price triggers monitoring and consultation under this section. Fees apply only if usage remains above the higher 10% threshold following consultation (see Network Outlier Fees, below).

Both Cloud Services may flag activity for review under a Resource Imbalance criterion (network costs that significantly exceed the healthy infrastructure capacity of the assigned plan tier).

Network Outlier Fees

Following consultation and review, if a workload remains an outlier, fees apply to the portion of network cost exceeding the applicable threshold. The fee is the exact, unbundled rate published on the relevant Cloud Service Provider's public pricing pages for the region and traffic type used by the service.

Our Commitment

Customers will never receive a surprise invoice under this Fair Usage Policy. The process is consultative:

1. Aiven proactively notifies the primary account contact when aggregate monthly usage surpasses the plan's Fair Usage threshold;
2. Aiven's solutions engineering team reaches out to identify network traffic points or inefficient consumption patterns as part of an architectural assessment; and/or
3. Aiven provides specific recommendations (e.g., enabling compression, localizing consumers) to bring usage back within the Fair Use baseline.

Enforcement & Adjustments

For enterprise-scale workloads that remain outliers after the consultation period, Aiven reserves the right to: (i) transition the service to a custom addendum that includes pass-through network charges; or (ii) \require migration to a plan size that accurately reflects the network profile of the workload.

(iv) Aiven for DataHub

1. Standard Connectors. Customer selects which sources to connect and what access scope is appropriate. Currently, Kafka Connect cannot be scoped to be least-privilege without a security exception.

2. Custom. Customer assume responsibility for any custom connector code, custom recipe transformers, or third-party packages/libraries. Customer adds or directs the ingestion executor to install and/or run. Aiven assumes no responsibility for the security, correctness, performance impact, or licensing compliance of Customer supplied code of libraries.

3. Ingestion Recipe(s). Customer assumes responsibility for the content of any recipe it authors or modifies, including the credentials, connection strings, or external endpoint references in such recipe.

4. Lineage and Metadata. Customer assumes responsibility for the accuracy and completeness of lineage and/or metadata. Aiven recommends that Customer validate source configuration and schema hygiene before utilization.

5. Image-hardening. To facilitate Customer’s ability to add custom connectors and/or install additional packages at runtime, Aiven does not lock down the ingestion-executor image. Thus, Customer assumes responsibility for the security posture of anything ingested.

6. Vulnerability Response. Customer supplied code, connectors, and/or libraries are outside of Aiven’s support obligations. Customer assumes responsibility for identifying, remediating, and the bearing the consequences of vulnerabilities in Customer authored or Customer added code.