Contract terms

TermWhat the agreement saysClauseAgreementSource
Payment termsMongoDB (vendor agreement)Customer pays undisputed fees and reimburses business expenses as set out on the Order Form; payment for Subscriptions is non-refundable and an Order Form may not be cancelled except as the Agreement allows
Note"Your payment for Subscriptions is non-refundable and you may not terminate or cancel an Order Form except as stated in this Agreement."
5Customer Agreement (June 2021)source [4]
TaxesMongoDB (vendor agreement)Fees exclude taxes; Customer pays applicable sales, usage, excise and value-added taxes; neither party pays the other's income taxes
Note"Our fees exclude and you will pay applicable taxes and similar charges, including sales, usage, excise and value added taxes."
5Customer Agreement (June 2021)source [4]
RefundsMongoDB (vendor agreement)Refund limited to the exclusive remedy for MongoDB's material breach of warranty: terminate the affected Subscription and receive a refund of prepaid fees for unused Subscriptions
NoteA refund of prepaid fees for unused Subscriptions is also available under Section 10(c) if MongoDB terminates a license for infringement
8Customer Agreement (June 2021)source [4]
Liability capMongoDB (vendor agreement)Neither party is liable for incidental, consequential, special or punitive damages, including lost profits or business opportunities9(a)Customer Agreement (June 2021)source [4]
Liability capMongoDB (vendor agreement)Each party's cumulative liability is capped at the total fees payable to MongoDB in the 12-month period before the event giving rise to the liability
NoteApplies "except as set forth in Section 9(c) and 9(d)"
9(b)Customer Agreement (June 2021)source [4]
Liability capMongoDB (vendor agreement)Cumulative liability under Section 10 (indemnification) is capped at $3,000,000
NoteSection 9(d) leaves fraud, death/personal injury, Customer's payment obligations and non-excludable liability uncapped
9(c)Customer Agreement (June 2021)source [4]
Termination for convenienceMongoDB (vendor agreement)Neither party may terminate an Order Form for convenience; the Agreement may be terminated for convenience only once all Order Forms under it have expired or been terminated11Customer Agreement (June 2021)source [4]
Termination for breachMongoDB (vendor agreement)Either party may terminate the Agreement and any affected Order Form if the other fails to cure a material breach within 30 days after written notice11Customer Agreement (June 2021)source [4]
Audit rightsMongoDB (vendor agreement)During the term and for one year following termination, MongoDB may inspect Customer's records relating to its use of the Software or Consulting Services to verify compliance11Customer Agreement (June 2021)source [4]
Governing lawMongoDB (vendor agreement)New York law and the exclusive jurisdiction of New York courts for customers in the Americas; the law of England and Wales and London courts for customers located elsewhere
NoteCISG does not apply
12Customer Agreement (June 2021)source [4]
Changes to the agreementMongoDB (vendor agreement)The Agreement may be amended only by a written amendment signed by both parties12Customer Agreement (June 2021)source [4]
Changes to the agreementMongoDB (vendor agreement)MongoDB may modify its support policy from time to time, but not in a way that materially and adversely affects the customer's Support2(a)Customer Agreement (June 2021)source [4]
OtherMongoDB (vendor agreement)Customer may not assign the Agreement without MongoDB's prior written consent, except to an Affiliate or in a merger or sale of all or substantially all its assets or stock, and never to a MongoDB competitor without consent
NoteAssignment restriction
12Customer Agreement (June 2021)source [4]
OtherMongoDB (vendor agreement)Order of precedence: the Order Form controls over the Agreement where they conflict; the Agreement controls over any addenda, exhibit or other agreement; terms governing a purchase order have no effect
Note"If any conflict exists between the provisions in this Agreement and any Order Form, the Order Form controls, and if any conflict exists between this Agreement and any addenda, exhibit or other agreement, this Agreement controls."
12Customer Agreement (June 2021)source [5]
OtherMongoDB (vendor agreement)Free evaluation and development licence: royalty-free, nontransferable and nonexclusive, for internal evaluation and development only (not testing, QA or production without an Enterprise Advanced Subscription); provided AS-IS without any warranty
NoteFree evaluation terms; the Agreement starts when the Software is downloaded for a free trial (Section 11)
2(b)Customer Agreement (June 2021)source [5]

Price changes

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Sources

Version 11, updated 21 Oct 2026 (2 days ago) JSON Report an error