Last Updated: September 16, 2024

These Capacity Terms are supplemental to and form a part of the Subscription Services Agreement (defined below) which is hereby incorporated by reference. For purposes of these Capacity Terms, “Subscription Services Agreement” means a written agreement currently in force between Customer and Cribl or in the absence of a written agreement, the subscription services agreement located at cribl.io/legal. These Capacity Terms will control in the event of any conflict between the terms of the Subscription Services Agreement and these Capacity Terms. Capitalized terms used but not defined herein will have the meaning set forth in the Subscription Services Agreement.

These Capacity Terms are accepted by signing or accepting an Order Form referencing these Capacity Terms.

Customer will use the Subscription Services according to the Capacity (defined below) commitment specified in the Order Form pursuant to the Subscription Services Agreement.

Capacity Commitment. For each year of the Subscription Term, Customer agrees to pre-purchase a number of credits (“Capacity”) payable in advance which may be applied towards consumption of the Subscription Services during the applicable year of the Subscription Term. Customer’s Capacity under the Order Form is specified in the Order Form as “Quantity.” Except as expressly set forth in the Order Form or the Subscription Services Agreement, the Order Form is non-cancelable and Capacity and other fees are non-transferable and non-refundable.

Rollover of Unconsumed Capacity. Customer may consume its Capacity during each applicable year of the Subscription Term. Up to twenty percent (20%) of any unconsumed Capacity remaining at the end of each year of the Subscription Term will roll over into the subsequent year of the Subscription Term. Otherwise, any unconsumed Capacity expires and becomes void automatically at the end of each applicable year during the Subscription Term.

Renewals. Before the Subscription Term End Date specified in the Order Form, Customer may purchase additional Capacity for an immediately succeeding Subscription Term of not less than one (1) year via a separate Order Form accepted by Cribl or a Cribl-authorized reseller (in each case, a “Renewal Order Form”). Up to twenty percent (20%) of any unconsumed Capacity remaining in the last year of the Subscription Term will roll over into the Subscription Term of such Renewal Order Form.

Additional Terms. Any refunds due to Customer pursuant to a termination for convenience right in the Subscription Services Agreement is void.