Contract terms

TermWhat the agreement saysClauseAgreementSource
Auto-renewalElastic (vendor agreement)No automatic renewal; unless Customer renews, continued use after the Annual (or Consumption) Subscription Term expires is treated as a Monthly Subscription
Note"Unless Customer renews its Annual Subscription, Customer's continued use of a Cloud Service following the expiration of the applicable Subscription Term of Customer's Annual Subscription shall be treated as a Monthly Subscription"; mirrored for Consumption Subscriptions in 6.1
5; 6.1Elastic Cloud Services Subscription Agreement, effective 5 March 2026source [6]
Termination for convenienceElastic (vendor agreement)A Monthly Subscription runs until terminated by either party at any time; Customer terminates by deleting all associated deployments/projects
Note"continue until terminated by either party at any time"; does not apply to Annual or Consumption Subscriptions
7.2Elastic Cloud Services Subscription Agreement, effective 5 March 2026source [6]
Termination for breachElastic (vendor agreement)Either party may terminate a Subscription for a material breach that remains uncorrected for 30 days after written notice
NoteCure period for material breach
17.1Elastic Cloud Services Subscription Agreement, effective 5 March 2026source [6]
Payment termsElastic (vendor agreement)Fees are due within 30 days after receipt of an invoice
Note"Customer shall pay such fees within 30 days after receipt of an applicable invoice"; Section 10 does not apply to Reseller or Marketplace purchases
10.1Elastic Cloud Services Subscription Agreement, effective 5 March 2026source [6]
Payment termsElastic (vendor agreement)All payments are non-refundable and all payment commitments are non-cancellable
Note"any and all payments made by Customer pursuant to the Agreement or any Order Form are non-refundable, and all commitments to make any payments under the Agreement or under any Order Form are non-cancellable"
10.1Elastic Cloud Services Subscription Agreement, effective 5 March 2026source [6]
SuspensionElastic (vendor agreement)Elastic may suspend the Cloud Service for unpaid fees, use-restriction violations or a material security risk, using reasonable efforts to give advance written notice17.2Elastic Cloud Services Subscription Agreement, effective 5 March 2026source [6]
OtherElastic (vendor agreement)On-demand and Additional Resources are metered at Elastic's then-current rates published at the deployment pricing table at the time of use
NoteRates set at https://cloud.elastic.co/deployment-pricing-table at the time of use; no fixed-price protection stated
6.1; 7.1Elastic Cloud Services Subscription Agreement, effective 5 March 2026source [6]
OtherElastic (vendor agreement)Invoices are paid in the currency set out in the applicable Order Form
Note"All invoices shall be paid in the currency set forth in the applicable Order Form"; Section 10 does not apply to Reseller or Marketplace purchases
10.1Elastic Cloud Services Subscription Agreement, effective 5 March 2026source [6]
OtherElastic (vendor agreement)No set-off: payments are made without the right of set-off or chargeback
Note"Payments shall be made without the right of set-off or chargeback"
10.1Elastic Cloud Services Subscription Agreement, effective 5 March 2026source [6]
TaxesElastic (vendor agreement)Fees exclude sales, use, value added and excise taxes; Customer pays all such Taxes unless it provides a valid exemption certificate or direct pay permit; withholding required by a foreign authority is grossed up
NoteCustomer pays Taxes provided Elastic states them separately on the invoice
10.2Elastic Cloud Services Subscription Agreement, effective 5 March 2026source [6]
Liability capElastic (vendor agreement)Each party's aggregate liability under an Order Form is capped at the amount paid or payable for the affected Cloud Service and/or Support Services under it in the 12 months before the first event giving rise to liability; lost profits, data and indirect damages excluded
NoteCap does not apply to indemnity obligations, Customer's breach of use restrictions or acceptable use obligations, or amounts payable by Customer
16.1; 16.2Elastic Cloud Services Subscription Agreement, effective 5 March 2026source [6]
Governing lawElastic (vendor agreement)Governed by the law of the Customer's location: California (USA), Ontario (Canada), New South Wales (Australia/New Zealand), Japan, England & Wales (UK), France, Germany, Singapore; the Netherlands for the rest of the world; CISG and UCITA excluded
NoteExclusive courts per location, e.g. Northern District of California or Santa Clara County state courts for the USA, Amsterdam for the rest of the world; subject to Attachment 1 (Country Specific Terms)
18.7Elastic Cloud Services Subscription Agreement, effective 5 March 2026source [6]
OtherElastic (vendor agreement)Order of precedence: Order Form, then Attachment 1 (Country-Specific Provisions), then documents incorporated by reference, then the Subscription Agreement; the Agreement prevails over Customer purchase orders
Note"In the event of any inconsistency or conflict between the terms of an Order Form, Attachment 1 (Country-Specific Provisions), any document incorporated by reference or this Subscription Agreement, such inconsistency or conflict shall be resolved in that order"
18.13Elastic Cloud Services Subscription Agreement, effective 5 March 2026source [6]

Price changes

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Sources

Version 7, updated 15 Oct 2026 (8 days ago) JSON Report an error