Last Updated: July 8, 2022
These New Relic for Startups Terms & Conditions (these “Terms”) contain the terms and conditions that govern your application to, and participation in, the New Relic for Startups Program, which is further described below and provided either directly by New Relic or through our program partners, (the “Program”) and are provided under the terms of the New Relic agreement governing your use of New Relic’s services (the “New Relic Agreement”) and are an agreement between you (“Customer,” “you,” or “your”) and New Relic, Inc. (“New Relic,” “we,” “our,” or “us,” and collectively with Customer, the "Parties"). Any use of the New Relic Service itself remains subject to the New Relic Agreement, not these Terms. These Terms include any additional terms that may apply to specific aspects of the Program. Unless otherwise provided herein, these Terms are subject to the terms of the New Relic Agreement and control in the event of a conflict, and capitalized terms not defined herein will have the meaning specified in the New Relic Agreement. These Terms take effect when you provide information to join the Program, whether directly to New Relic or through our program partners, or when you first receive any Program benefits, whichever is earlier. If you are an individual acting on your own behalf, you represent to us that you are lawfully able to enter into contracts, and if you are entering into these Terms for a company or entity, such as the company you work for, you represent to us that you have legal authority to bind that company or entity.
1. Program
1.1 Joining the Program. To join the Program, you must: meet Program eligibility requirements set forth on newrelic.com, (the “Site”), accept the New Relic Agreement, and be accepted by New Relic into the Program. Submitting an application to join the Program through the Site does not constitute admission into the Program, and New Relic may accept or reject any Program application, in its sole discretion.
1.2 Program Benefits. If you are accepted into the Program, you may receive certain benefits from time-to-time as determined in New Relic’s sole discretion and as described on the Site, by us in the Service, or by us as communicated to you. You will be deemed to have accepted any additional terms and conditions, which may be provided on the Site and updated from time to time by New Relic, as applicable, before receiving these Program benefits. After your term or eligibility in the Program ends, New Relic may adjust your subscription to the Service as described on the Site, described by us in the Service, or communicated to you by us.
1.3 Third-Party Offers. As part of your participation in the Program, you may have access to offers made available by third parties to members of the Program provided by us or by our partners, which may include discounts on software products or other Third Party Services. If you choose to participate in a third-party offer through the Program, you consent to New Relic’s disclosure of any information you provide to us in connection with the Program, including your name, email address and contact information, to the third party making such offer available. The third party offering or selling Third Party Service will be the seller of record for such Third Party Service, and may specify separate terms and conditions and privacy policies for the use of its Third Party Service. New Relic is not a party to the transaction between you and any third party who makes Third Party Service available to you, and if there are separate terms for the Third Party Service, New Relic will not be a party to those terms.
1.4 Program Administration. We may from time-to-time send you email, call you, or otherwise contact you about the Program or the Services, including information about events and training opportunities, invitations to participate in surveys and research opportunities, promotional offers, and other information supporting your efforts to use the Services.
1.5 Program Changes. We may change, suspend, or discontinue the Program or any aspect of it, including these Terms (as set forth in Section 5) at any time in our sole discretion with or without prior notice to you, including without limitation, changing or discontinuing any benefits provided under the Program. We may update the Site or send you an email using the email address provided to us in your application for the Program to reflect any changes to the Program. Unless we state otherwise, any changes to the Program will become effective at the time we update the Site with the change, or if we send you an email, as stated in the email message.
1.6 Termination. Either you or we may terminate your participation in the Program at any time, by giving the other party written notice of termination. If your participation in the Program is terminated for any reason: (a) all licenses granted by you or us arising from your participation in the Program will terminate; and (b) you will immediately cease use of all Program benefits; and (c) you will no longer identify yourself or hold yourself out as a Program participant.
1.7 Fees. There is no initial fee to participate in the Program. Participation in certain optional Program benefits may require fees, which will be posted on the Site. You agree to pay such fees if you participate in those Program benefits. All fees paid to New Relic in connection with the Program will be non-refundable, including without limitation, if your participation in the Program is terminated for any reason by you or us. In addition, all use of the Services beyond the scope or after expiration of any Program benefits, including without limitation all use exceeding the limits of any Program benefits, will be subject to the standard fees applicable to such Services.
Acknowledgements. For the avoidance of doubt, participation in this Program does not authorize you to resell or sublicense our services or the services of any third party. All Program benefits you receive are personal to you (i.e., you individually if you are acting on your own behalf, or the company or entity you represent). You may not sell, license, rent, or otherwise transfer any Program benefits.
2. Publicity and Marketing
We may list your name, website, and other general contact information in a Program directory, in other similar resources, on our website, or other communications described below. You hereby grant us a nonexclusive, worldwide, royalty-free license to use your name, website, general contact information and any trademark, service mark, trade name, other proprietary logo or insignia, URL, domain name, or other source or business identifier that you provide to us and any other content that you provide to us in connection with the Program (collectively, “Your Materials”) solely in connection with a Program directory, customer lists, commercial presentations, flyers, brochures, newsletters and similar resources. We may make reasonable changes or alterations to Your Materials. New Relic uses and collects personal information in accordance with the New Relic General Data Privacy Notice (currently located at https://newrelic.com/termsandconditions/privacy). Neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other.
3. Disclaimers
THE PROGRAM AND ANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE PROGRAM ARE PROVIDED “AS-IS.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE PROGRAM OR ANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE PROGRAM, INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS, MERCHANTABILITY, NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE. NEW RELIC IS NOT RESPONSIBLE FOR THIRD PARTY SERVICES AND HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF ITEMS ADVERTISED, THE TRUTH OR ACCURACY OF THIRD PARTY SERVICES OR LISTINGS, OR THE ABILITY OF SELLERS TO OFFER THE THIRD PARTY SERVICES.
4. Limitation of Liability
NEW RELIC WILL NOT HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR IN RELATION TO THE PROGRAM FOR ANY (a) LOSS OF USE, LOST DATA, LOST PROFITS, FAILURE OF SECURITY MEASURES, INTERRUPTION OF BUSINESS, (b) INVESTMENTS, EXPENDITURES OR COMMITMENTS BY YOU RELATED TO THE PROGRAM, OR (c) ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF INFORMED OF THEIR POSSIBILITY IN ADVANCE. NEW RELIC’S AND ITS AFFILIATES ENTIRE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL BE LIMITED TO FIFTY U.S. DOLLARS ($50). THE WAIVERS AND LIMITATIONS IN THIS SECTION 4 (LIMITATIONS OF LIABILITY) APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE AND WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE.
5. Modification
We may modify these Terms at any time by posting a revised version on the Site or sending you an email using the email address provided to us in your application for the Program. The modified terms will become effective upon posting or, if we notify you by email or another method, as stated in the email message or other method. By continuing your participation in the Program after the effective date of any modifications to these Terms, you agree to be bound by the modified Terms. It is your responsibility to check the Site regularly for modifications to these Terms.