These Crekaa Promotional Credit Terms and Conditions (these “Terms”) are an agreement between you and Crekaa Technologies Services, (or its affiliate as noted in Section 14 below) (“Crekaa,” “your Crekaa contracting entity,” “us,” “our,” or “we”) and govern your use of any Crekaa promotional credit (“Promotional Credit”). You must have a valid Crekaa account to redeem a Promotional Credit code. Capitalized terms used but not defined in these Terms will have the meanings set forth in the agreement between you and your Crekaa contracting entity governing your use of the Services (the “Agreement”).

1. Promotional Credit will be applied only to offset eligible fees and charges incurred during or following the billing cycle in which you apply the applicable Promotional Credit code to your Crekaa account.  Promotional Credit will be applied only to the specific Services designated by your Crekaa contracting entity (collectively, “Eligible Services”). Promotional Credit will not be applied to any fees or charges for Crekaa Managed Services, Ineligible Crekaa Support, Crekaa Marketplace, Crekaa Professional Services or any other Services as may be designated by your Crekaa contracting entity, or any upfront fee for any Services such as Savings Plans (collectively, “Ineligible Services”). For purposes of this Section 1, “Ineligible Crekaa Support” means Crekaa Support (as described on the Crekaa Site) that is at the Buisness Enterprise Support level.

2. Promotional Credit will not be applied to your Crekaa account until you redeem your Promotional Credit code through the Crekaa Site or as otherwise directed by us. Each Promotional Credit code can only be redeemed once and only on one AWS account. Your AWS account will be billed for all fees and charges for use of any Eligible Services in excess of the amount of available Promotional Credit.

3. You may not sell, license, rent, or otherwise transfer Promotional Credit. Promotional Credit may be applied only to your own AWS account. Promotional Credit has no intrinsic value, is not redeemable for cash, has no cash value, is nonrefundable, and serves merely as a means to provide an incentive to use our Services. Promotional Credit may not be purchased for cash, and we and our affiliates do not sell Promotional Credit.

4. Promotional Credit is void in the event of fraud, misuse, or violation of any terms of the Agreement, these Terms, or the terms of the agreement, promotion, or program pursuant to which you received the Promotional Credit. Promotional Credit is void if sold for cash or other consideration.  Any Promotional Credit applied to Crekaa accounts that are determined by Crekaa to have been created solely for the purpose of obtaining Promotional Credit is void. In addition to any other legal relief available to us, you will reimburse us for the amount of any Promotional Credit you use in violation of these Terms.

5. By accepting Promotional Credit, you represent and warrant that your receipt and use of Promotional Credit is not prohibited or inconsistent with any applicable laws, regulations, or binding orders (including applicable ethics or procurement rules) and will not create a conflict of interest for your Crekaa contracting entity.

6. If you are a federal government entity or other entity that is subject to special rules governing your receipt of Promotional Credit, you may not use or receive Promotional Credit directly from your Crekaa contracting entity unless agreed by us in writing.

7. Unless authorized by us, Promotional Credit may not be used in conjunction with any other promotional or incentive offer from us or our affiliates.

8. Promotional Credit will not be applied against any sales, use, gross receipts, or similar transaction based taxes that may be applicable to you.

9. You may not issue any press release or make any other public disclosure regarding Promotional Credit without our prior written consent. In addition, you agree not to misrepresent or embellish the relationship between us and you. For example, you agree not to imply that we support, sponsor, or endorse you unless you have our prior written permission to do so.

10. Promotional Credit is valid for a limited time only and cannot be redeemed after the expiration date indicated when you receive the applicable Promotional Credit code (or such other date designated by us or in these Terms). Redeemed Promotional Credit will be applied to offset eligible fees and charges incurred during the entire billing cycle in which it expires. Failure to redeem Promotional Credit before its expiration date will result in its forfeiture. We reserve the right to cancel Promotional Credit at any time. No refunds will be granted for any expired or cancelled Promotional Credit.

11.

(a) Promotional Credit provided under the Cloud Credits for Nonprofits Program expires one year from the earlier of the date you receive the Promotional Credit code or when we deposit the Promotional Credit in your AWS account. Promotional Credit provided under the Cloud Credits for Nonprofits Program can only be provided to Crekaa accounts registered with the nonprofit institution’s domain name. Your Crekaa contracting entity is permitted to use your name and likeness in furtherance of the Cloud Credits for Nonprofits Program and to identify you as a Promotional Credit recipient and Crekaa customer.

(b) Promotional Credit provided under the Crekaa Cloud Credits for Research Program expires one year from the earlier of the date you receive the Promotional Credit code or when we deposit the Promotional Credit in your Crekaa account. to identify you as a Promotional Credit recipient and AWS customer.

12. You agree to maintain in strict confidence any data or information relating to the Service Offerings that you discover, derive, develop, or otherwise learn about through your use of the Service Offerings. This includes, but is not limited to, data or information relating to the Service Offering’s security and any suggested improvements to the Service Offerings.

13. We may modify these Terms at any time by posting a revised version on the Crekaa Site or by sending you an email using the email address provided in your application for Promotional Credit. The modified Terms will become effective upon posting or, if we notify you by email, as stated in the email message. By receiving or using Promotional Credit after the effective date of any modification to these Terms, you agree to be bound by the modified Terms. We last modified these Terms on the date listed at the top of this page.

14. Not withstanding anything to the contrary in these Terms, if you redeem a Promotional Credit code or otherwise use Promotional Credit on an Crekaa account with an affiliate of Crekaa Technologies, as your AWS contracting entity under your Agreement, the Promotional Credit will be deemed to be offered by that affiliate and references to “Crekaa,” “your Crekaa contracting entity,” “us,” “our,” and “we” will be references to that affiliate.