Lyve Space Services Terms – Addendum

You agree to the following terms in relation to the Lyve Space services (the “Services”). With respect to online terms incorporated by reference in this Services Agreement, you agree that references to Lyve Cloud include Lyve Space for purposes of this Services Agreement. The preceding does not apply to the definition provided for Lyve Cloud in the incorporated terms.

1. Customer Agreement. This Lyve Space Services Terms – Addendum (“Services Agreement”) incorporates by reference the Customer & Lyve Portal Agreement located at https://www.seagate.com/legal/lyve-cloud/customer-agreement/ (for direct customers) or the Solution Provider & Lyve Portal Agreement located at https://www.seagate.com/legal/lyve-cloud/reseller-agreement/ for Solution Providers (including distributors, resellers, and managed services providers).
2. Lyve Data Privacy Agreement & Business Associates Addendum. This Services Agreement incorporates the Lyve Data Privacy Agreement (“Lyve DPA”) when your use of the Services includes the processing of Personal Data. The Lyve DPA is available at https://www.seagate.com/legal-privacy/lyve/. For purposes of this incorporation by reference, use of the term “Company” in the Lyve DPA refers to the term “you” (or “your” as applicable) as used in this Services Agreement. If you collect, store, process, or transmit Personal Data in your use of the Services, you shall provide legally adequate privacy notices and obtain all necessary consents and possess lawful grounds for the processing of the Personal Data using the Services. Where applicable, the Business Associates Addendum located at the following URL applies to the Services: https://www.seagate.com/legal/lyve-cloud/hipaa-business-associate-addendum/.
3. Services. The terms and conditions of this Services Agreement apply only to Seagate’s Lyve Space service which is a S3 (Amazon Simple Storage Service) compatible object storage repository, an internal replication, and retention system. Additionally, the Services includes user management tools, access interfaces, and billing tools via Seagate’s software-as-a-service (“SaaS”) platform. The term “SaaS” shall also include all updates, upgrades, enhancements, accompanying documentation, functionality, and tools provided via the software.
4. Access and Use. Subject to the terms and conditions of the Agreement, Seagate grants you a limited, non-transferable, non-exclusive, revocable, and non-sublicensable right to access and use the Services during the Service Period (or “Term” as set forth in the Order). Seagate and its licensors shall retain sole and exclusive ownership of the Services and SaaS (and all whole or partial copies thereof), including all intellectual property rights therein. You acknowledge that it has and shall acquire no rights therein, other than the limited rights expressly granted under this Services Agreement.
5. Security. With regard to the Services and those locations where any of Your Data is processed by Seagate, the security terms located at the following URL apply: https://www.seagate.com/legal/lyve-cloud/information-security/.
6. International Trade Compliance. You agree that your use of the Services will comply with the international trade compliance terms located at: https://www.seagate.com/legal/lyve-cloud/international-trade-compliance/.
7. Termination. You understand and agree that the Services provided pursuant to an Order shall become a non-cancellable, binding obligation for the purchase of the Services for the duration of the Service Period or the “Term” provided in the Order. In addition, the terms located at the following URL apply: https://www.seagate.com/legal/lyve-cloud/termination-process/ . To the extent of any conflict, the terms of this Section 3 govern over the terms located at the preceding URL.
8. Service Level Agreement (“SLA”). The Service Level Requirements located at the following URL apply to Lyve Space https://www.seagate.com/legal/lyve-cloud/service-level-requirements/.
9. Technical Support. Technical support is made available in connection with the Service, as described at the following URL: https://www.seagate.com/legal/lyve-cloud/technical-support/.
10. Seagate and Lyve Branded Services Eligible Countries. The Services are available at the eligible counties specified at the following URL: https://www.seagate.com/legal/lyve-cloud/eligible-countries/.

Last Updated: 11.2.2023