Snowflake

The new version of the Snowflake Terms of Service (dated April 16, 2026) introduces several substantive changes compared to the archived version dated January 28, 2026, primarily expanding the scope of restrictions, modifying dispute resolution timeframes, adding consequences for termination by Snowflake, and granting a right to appeal suspension.

• Section 1.4 (General Restrictions): The restrictions now apply to "Snowflake Technology" instead of just "the Service," and the prohibition in (e) now explicitly includes "Client Software". For example, (a) now reads "make available the Snowflake Technology to a third party" and (c) refers to "non-public APIs to the Snowflake Technology".
• Section 4.3 (Customer Reference): Snowflake may now identify Customer to "Snowflake customers, prospective customers, and partners" (previously only "other Snowflake customers or prospective customers").
• Section 6.3 (Payment Disputes): The protection against termination/suspension for disputed non-payment is now limited to 30 days following Customer's notification of the dispute (previously it was indefinite). The new wording: "Snowflake will not, for thirty (30) days following notification from Customer of a Payment Dispute, exercise its rights..."
• Section 7.2 (Termination for Cause): If Snowflake terminates for cause (based on Customer's uncured material breach), Customer now has no right to a refund and all outstanding payment obligations become immediately due and payable. The new text: "for any termination of this Agreement by Snowflake for cause in accordance with Section 7.2(a), Customer shall have no right to any refund and all outstanding payment obligations under this Agreement shall immediately become accelerated and due and payable."
• Section 7.5 (Suspension): A new sentence grants Customer the right to appeal a suspension by contacting Snowflake in writing: "Customer may appeal any such suspension by contacting Snowflake in writing."

The new version (dated January 28, 2026) substantially expands the previous archived version (dated October 1, 2024) by adding numerous new sections and provisions that were not present before. The previous version appears to be truncated (ending at Section 8.3), while the new version is a complete set of terms.

• Added Section 6.4 (Reseller Orders): The policy now allows Customer to procure Snowflake Offerings through a Reseller. It states that "Snowflake may share information with Reseller related to Customer's use and consumption of the Snowflake Offerings" and that references to "Customer" in "Fees" and "Order Form" are replaced with "Reseller" for payment purposes.
• Expanded Section 8 (Warranty): The previous version only contained a warranty disclaimer (Section 8.3). The new version adds a Service Warranty (Section 8.1) warranting that the Service will operate in substantial conformity with the Documentation, and a Mutual Warranty (Section 8.2) that each party has validly entered into the Agreement.
• Added Section 9 (Support and Availability): The new version obligates Snowflake to provide support as set forth in the Order Form in accordance with a Support Policy.
• Added Section 10 (Technical Services): The new version adds detailed provisions for consulting and professional services, including licenses to Deliverables, restrictions on access to Customer Data under an SOW, and requirements for Customer Materials.
• Added Section 11 (Indemnification): The new version introduces mutual indemnification obligations for intellectual property infringement (by Snowflake) and claims arising from Customer Data or Materials (by Customer), with detailed procedures.
• Added Section 12 (Limitation of Remedies and Damages): The new version sets a General Liability Cap equal to fees paid in the prior 12 months, and a separate Data Protection Claims Cap of 2x such fees. It also provides that the caps are not cumulative and that the higher cap applies if both types of claims are present.
• Added Section 13 (General Terms): The new version adds many new general provisions, including: assignment, severability, dispute resolution (including mandatory individual arbitration for U.S. customers under JAMS), governing law (Delaware), notice (email to legalnotices@snowflake.com), amendments, entire agreement, force majeure, independent contractor status, export control, U.S. Government terms (FAR/DFARS, SnowGov Region, U.S. Government-Authorized Commercial Regions), execution in counterparts, and country-specific terms via a Local Country Addendum.
• Added Section 14 (Definitions): The new version introduces many new defined terms, such as "Data Protection Claims", "Excluded Claims", "Offering-Specific Terms", "Optional Offerings", "Preview(s)", "Reseller", "Reseller Arrangement", "Sample Data", "Support Policy", "Technical Services", "U.S. Government-Authorized Commercial Regions", and "U.S. SnowGov Region".
• Effective Date Change: The archived version was dated October 1, 2024; the new version is dated January 28, 2026.

The new version introduces a reference to binding arbitration for U.S. customers, removes the Reseller Orders section, and simplifies the payment dispute condition.

• Arbitration notice added: The preamble now states that acceptance includes the binding arbitration terms in Section 13.3(b) (U.S. Customer).
• Reseller Orders section removed: The previous Section 6.4 (Reseller Orders), which governed purchases through resellers and allowed Snowflake to share information with the reseller, has been deleted entirely.
• Payment Dispute condition simplified: Section 6.3 now says "Snowflake will not exercise its rights ... with respect to non-payment by Customer in the event of a Payment Dispute" instead of the prior requirement that Customer must be "disputing the applicable charges reasonably and in good faith and is cooperating diligently to resolve the dispute." The new language removes the good-faith and diligent-cooperation qualifiers.
• Section numbering anomaly: The sections previously numbered 6.1 (Fees and Payment) and 6.2 (Taxes) are both labeled "6.2" in the new version (likely a formatting error), but their text appears unchanged.