These MinIO Certification, Training and Learning Terms of Use (“Terms”) are by and between MinIO, Inc. (“MinIO,” “We,” or “Our”) and you (“You,” “Your,” “Yourself”, or “Customer”) and govern Your registration and participation in the MinIO Certification Offering, MinIO Learning Subscription Offering, MinIO AIStor Quickstart Offering, and/or MinIO Training Offering (individually or collectively, “MinIO Offering(s)”). We may make changes to these Terms from time to time at our sole discretion. If We make changes, We will post the revised Terms and update the Effective Date above. If the changes, in Our sole discretion, are material, We may also notify You by sending an email to the address associated with your Account (if You have chosen to provide an email address) or by otherwise providing You with notice through our MinIO Offering(s). Your continued use of the MinIO Certification and/or participation in the MinIO Offering(s) after revised Terms have been posted constitutes Your acceptance of the revised Terms. If You do not agree to the revised Terms, You must immediately stop: (i) accessing and using the MinIO Offering(s); and (ii) using any and all MinIO Certifications and MinIO Marks.
BY ACCESSING AND PARTICIPATING IN THE MINIO OFFERING(S) IN ANY WAY INCLUDING OBTAINING AND MAINTAINING A MINIO CERTIFICATION, YOU AGREE TO BE BOUND BY THESE TERMS AND MINIO’S PRIVACY POLICY LOCATED AT https://www.min.io/legal/privacy-policy (“Privacy Policy”).
If You do not agree to these Terms or the Privacy Policy, You may not participate, access, or use the MinIO Offering(s) including receiving and maintaining a MinIO Certification.
1. DEFINITIONS.
1.1 “Account Information” means information about You that You provide to or on behalf of MinIO in connection with the creation or administration of Your MinIO Certification Account and/or registration and participation in the Certification Exams, MinIO AIStor QuickStart Offering, MinIO Learning Subscription Offering, and/or MinIO Training Offering, as applicable.
1.2 “Certification Exam” means the exam on which You must receive a passing grade to receive a particular MinIO Certification.
1.3 “Certification Exam Provider” means the third party engaged and authorized by MinIO to administer the applicable Certification Exams.
1.4 “Certification Data” means information related to participation in the MinIO Certification Offering, including Your first and last name, email address, Certification Exam voucher numbers, voucher redemption status, and pass or fail status for completed Certification Exams.
1.5 “Exam Session” means the period of time from when the Certification Exam check-in process commences until You exit an Online Test Delivery browser to complete a Certification Exam.
1.6 “Online Test Delivery” means any Certification Exam delivered in person via a testing center or online, remote online proctored, on-demand, or any other test delivery mode that is intended to be proctored remotely.
1.7 “Testing Materials” means the Certification Exam and any other materials that are provided to You in connection with a Certification Exam including, but not limited to, instructions, study materials, exam questions, or other content.
1.8 “Training Materials” means MinIO Learning Subscription Offering training products, MinIO Training Offering materials, MinIO training products, software, SaaS, videos, processes, methodologies, and other materials provided in connection with either the MinIO Learning Subscription or the MinIO Training Offering, including anything developed during the delivery of the training.
1.9 “Unauthorized Content Disclosures” means any Testing Materials or Training Materials that are disclosed by or to anyone without the express written permission of MinIO including, but not limited to, Testing Materials listed on third-party websites without the express written permission of MinIO.
1.10 “MinIO AIStor Quickstart Offering” means the no-cost training program available at https://minio-360learning-b2c.mybigcommerce.com/aistor-quick-start/. The additional MinIO AIStor Quickstart Terms set forth herein apply to Your registration and participation in the MinIO AIStor Quickstart Offering.
1.11 “MinIO Certification(s)” means a specific certification designation that is provided to participants who have received a passing score on a Certification Exam.
1.12 “MinIO Certification Offering” MinIO provides participants the ability to obtain MinIO Certifications. The MinIO Certification Offering includes the MinIO Certifications, Testing Materials, the MinIO Certification Site, and the Certification Exams.
1.13 “MinIO Certification Site” means https://www.min.io/training/certification and any successor or related site designated by MinIO, as may be updated by MinIO from time to time, in MinIO’s sole discretion. It includes subpages, such as those describing MinIO Certification policies and benefits.
1.14 “MinIO Academy Site” means https://www.min.io/training and any successor or related site designated by MinIO, as may be updated by MinIO from time to time, in MinIO’s sole discretion.
1.15 “MinIO Confidential Information” means all confidential and proprietary information of MinIO, which includes, without limitation, these Terms, the Testing Materials, Training Materials, MinIO Products, non-public components of the MinIO Offering(s), and information (tangible or intangible) regarding MinIO’s technology, software, services, hardware, products, designs, techniques, research, know-how, specifications, product plans, pricing, customer information, user data, current or future strategic information, current or future business plans, policies or practices, employee information, and any and all other business and technical information which are marked “confidential” or “proprietary” at the time of disclosure by MinIO; or by its nature or content is reasonably distinguishable as confidential or proprietary. MinIO Confidential Information does not include information that: (a) is or becomes generally known to the public without breach by You of any confidentiality obligation owed to MinIO; (b) was known by You prior to its disclosure by MinIO without breach of any obligation owed to MinIO and without an obligation of confidentiality; (c) was independently developed by You without the use of or reference to any MinIO Confidential Information; or (d) is lawfully received by You from a third party without breach of any obligation owed to MinIO and without an obligation of confidentiality.
1.16 “MinIO Learning Subscription Offering” means the MinIO Learning Subscription Offering which is available for purchase at the following link: https://minio-360learning-b2c.mybigcommerce.com/minio-learning-subscription/. The additional MinIO Learning Subscription Terms set forth herein apply to Your participation in the MinIO Learning Subscription Offering.
1.17 “MinIO Marks” means any MinIO copyrights, trademarks, service marks, service or trade names, logos, and other designations of MinIO and its affiliates together with all goodwill related to the foregoing that We may make available to You in connection with these Terms and the MinIO Offering(s). MinIO trademarks can be found online at the following website which may be updated from time to time by MinIO, in MinIO’s sole discretion: https://www.min.io/logo.
1.18 “MinIO Products” means collectively, the MinIO products, software, and SaaS.
1.19 “MinIO Training Offering” means the MinIO Training Offering described in MinIO Training Offering Terms attached hereto. The additional MinIO Training Terms set forth herein apply to Your registration, participation in, and/or purchase of the MinIO Training.
1.20 “Named Learner” means an individual employee of Customer who is registered to participate in the MinIO Learning Subscription Offering or MinIO AIStor Quickstart Offering, as applicable. Customer is responsible for designating Named Learners and providing the name and email address for each. Each seat is assigned to a single Named Learner and is non-transferable.
2. GOVERNING TERMS.
The main body of these Terms governs your participation in the MinIO Offering(s) generally and are effective upon Your registration, participation, and/or purchase of the MinIO Offering(s). The additional MinIO Training Terms, MinIO Learning Terms, and the MinIO AIStor Quickstart Terms set forth additional terms and conditions applicable to specific components of the MinIO Offering(s), which shall apply only to the extent You register, purchase, and/or participate in those components. In an effort to continually improve the MinIO Offering(s), MinIO may, at any time in its sole discretion, make changes to the MinIO Offering(s) without notice.
3. YOUR OBLIGATIONS AND RESPONSIBILITIES.
3.1. Eligibility. By participating in the MinIO Offering(s), You represent and warrant that: (i) You are lawfully able to enter into these Terms and not barred from using or participating in the MinIO Offering(s) under any applicable laws; (ii) You are at least eighteen (18) years of age; and (iii) You have not been permanently suspended or removed from the MinIO Offering(s). To participate in the MinIO Offering(s), You must comply with all rules and requirements applicable to the MinIO Offering(s) including complying with these Terms.
3.2 Registration and Access. Upon registration for a MinIO Offering(s), You may be asked to provide information about Yourself and Your employer, such as Your full name and work email address. By creating an account to participate in MinIO Offering(s) (“Account”) and participating in the MinIO Offering(s), You acknowledge and agree that You are entirely responsible for maintaining the confidentiality of Your password and Account Information and for any and all activities that occur under Your Account. You agree to immediately notify MinIO of any unauthorized use of Your Account or any breach of security of which You become aware, including Unauthorized Content Disclosures. You agree that You are liable for losses incurred by MinIO or any other user of or visitor to the MinIO Offering(s) due to the use of Your username, password, or Account by another person. You shall not use anyone else’s username, password, Account, or Account Information. Except as otherwise stated herein and except for those MinIO Offering(s) purchased via a MinIO order, Your access and continued participation in the MinIO Offering(s) is granted at MinIO’s sole discretion and MinIO may revoke, restrict, or suspend Your access, at any time for any reason, without liability.
3.3 Account Information. MinIO will use Your Account Information and Personal Data (as defined in the Privacy Policy) in accordance with the MinIO Privacy Policy and these Terms. You consent to MinIO’s use of Your Personal Data to: (i) verify Your identity; (ii) create and maintain Your Account; (iii) take steps to prevent and detect fraud and abuse in order to protect the security and validity of Certification Exams; (iv) process any payments made by You; and (v) as otherwise necessary for Your participation in the MinIO Offering(s).
3.4 Your Responsibilities. At all times when representing Yourself as the recipient of a MinIO Certification, participating in the MinIO Certification Offering (e.g., through registration, testing, scoring, and reporting activities), and/or Your participation in the MinIO Learning Offering, You shall:
(a) conduct Your activities in a professional manner;
(b) not imply any relationship or affiliation between MinIO and You, except as expressly permitted by these Terms;
(c) ensure all Account Information is current and accurate including, but not limited to, an email address that You regularly check and that is able to receive email correspondence from the @MinIO.com domain;
(d) comply with all rules and requirements provided to You by MinIO and a Certification Exam Provider (as applicable);
(e) not gain access to (or attempt to gain access to) another user’s account or Certification Exam;
(f) not transfer Your Certification Exam or MinIO Certification to any other person; and
(g) immediately notify MinIO of any non-compliance with these Terms or unauthorized use or access of Your Account.
3.5 MinIO Contact. You agree that MinIO may contact You via email or otherwise with information relevant to Your participation in the MinIO Offering(s).
4. CONFIDENTIALITY.
You agree that all MinIO Products, Testing Materials, Training Materials, including Certification Exams, are MinIO Confidential Information. MinIO owns all rights, title, and interest in and to its Confidential Information. You shall not use any MinIO Confidential Information for any purpose except as necessary for Your participation in the MinIO Offering(s). You shall not use, indirectly or directly disclose, reproduce, copy (unless previously authorized in writing by an authorized representative of MinIO), modify, transmit, distribute, or make derivative works of MinIO Confidential Information in any form. You shall not reverse engineer, disassemble, or decompile any technology, prototypes, software, samples, or other tangible objects that embody MinIO’s Confidential Information. You shall take all reasonable measures to protect the secrecy of and avoid disclosure and unauthorized use of MinIO Confidential Information. You shall immediately notify MinIO of any unauthorized use or disclosure, or suspected unauthorized use or disclosure of any MinIO Confidential Information. All documents and other tangible objects containing or representing MinIO Confidential Information and all copies or extracts thereof that are in Your possession or control of shall be and remain the property of MinIO and shall be promptly returned to MinIO or destroyed (with proof of such destruction), promptly upon MinIO’s request or termination.
5. Intellectual Property.
5.1 MinIO Intellectual Property. MinIO owns and retains all rights, title, and interest in and to all MinIO Products and technology, MinIO Marks, MinIO Certifications, Certification Exams, the MinIO Offering(s), Training Materials, Testing Materials, MinIO Confidential Information and any and all related information, content, data, MinIO materials, including all copyrights, patent rights, trademark rights, and other proprietary rights therein (collectively “MinIO Proprietary Information”). All rights in MinIO Proprietary Information are expressly reserved to MinIO. In no way does Your use of or participation in the MinIO Offering(s) give You any right, title, interest, or ownership to MinIO Proprietary Information other than the limited rights expressly set out in these Terms. You agree that You have no rights, title, or interest in or to the MinIO Marks and that You will not adopt, use, or attempt to register any of the MinIO Marks or any confusingly similar marks.
6. LIMITATION OF LIABILITY.
YOU SHALL BE FULLY LIABLE FOR YOUR PERFORMANCE AND ACTIONS IN CONNECTION WITH THESE TERMS, YOUR PARTICIPATION IN THE MINIO OFFERING(S), TAKING THE CERTIFICATION EXAMS, AND YOUR USE OF THE MINIO CERTIFICATIONS AND MINIO MARKS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR ANY OF OUR AFFILIATES, LICENSORS OR CERTIFICATION EXAM PROVIDERS WILL BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OR THE MINIO OFFERING(S). MINIO SHALL NOT BE LIABLE FOR ANY INTERRUPTION OR DELAY OF SERVICE, LOSS OF SERVICE TIME, LOSS OF PERSONAL DATA OR OTHER DEFECTS IN ANY SERVICE PROVIDED (INCLUDING FAILURE TO PROVIDE SUCH SERVICE), IF SUCH INTERRUPTION, DELAY, LOSS OR DEFECT ARE THE RESULT OF ACTIONS OR EVENTS BEYOND MINIO’S REASONABLE CONTROL, INCLUDING, BUT NOT NECESSARILY LIMITED TO FORCE MAJEURE EVENTS, ACTS OF FOREIGN GOVERNMENTS, AND WAR.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR ANY OF OUR AFFILIATES, LICENSORS OR CERTIFICATION EXAM PROVIDERS WILL BE RESPONSIBLE OR LIABLE, FOR ANY COMPENSATION, REIMBURSEMENT, LIABILITIES, LOSSES, EXPENSES, CLAIMS, OR DAMAGES DUE TO, ARISING FROM OR IN CONNECTION WITH: (I) YOUR FAILURE TO ACHIEVE MINIO CERTIFICATION OR INABILITY TO PARTICIPATE IN THE MINIO OFFERING(S), INCLUDING BUT NOT LIMITED TO, AS A RESULT OF ANY: (A) TERMINATION OR SUSPENSION OF THESE TERMS OR THE MINIO OFFERING(S), OR (B) OUR DISCONTINUATION OF ANY MINIO CERTIFICATION, CERTIFICATION EXAM, OR ALL OR PART OF THE MINIO OFFERING(S); (II) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR ACCESS TO THE MINIO OFFERING(S); OR (III) YOUR PARTICIPATION IN THE MINIO OFFERING(S) INCLUDING ANY DAMAGES ARISING OUT OF YOU TAKING THE CERTIFICATION EXAMS.
IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF MINIO OR ITS AFFILIATES HEREUNDER EXCEED ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF MINIO OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
7. INDEMNITY.
You shall indemnify, defend, and hold harmless MinIO and its affiliates and its and their respective officers, directors, and employees, from and against any and all claims, losses, demands, liabilities, actions, damages, costs and expenses as incurred, including without limitation, reasonable attorneys’ fees (collectively, “Claims”) due to, arising out of or in connection with: (i) Your use of the MinIO Marks and MinIO Certifications including Claims alleging Your use misappropriates a third party’s intellectual property rights, privacy, or other proprietary right, provided (a) such use is not explicitly authorized by these Terms, and (b) the Claim is not directly caused by MinIO Marks, without modification, or MinIO Certification; (ii) Your breach of any term or condition of these Terms; (iii) Your negligent or willful acts or omissions; and (iv) Your violation of applicable laws or regulations. We reserve the right to control the defense of any matter for which You are required to indemnify MinIO, and You agree to cooperate with Our defense of these Claims. For clarity, MinIO shall have no liability herein to the extent such Claim arises from or is related to any modification of MinIO Marks or MinIO Certifications by anyone other than MinIO.
8. WARRANTIES.
ALL MINIO CONFIDENTIAL INFORMATION AND THE MINIO OFFERING(S), INCLUDING ANY COMPONENT THEREOF, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, LEGAL, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATION OF ANY INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY OR OF YOU. MINIO AND ITS AFFILIATES DO NOT WARRANT THAT THE MINIO OFFERING(S) OR MINIO CONFIDENTIAL INFORMATION ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR FREE. MINIO DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON OR LINKED TO THE MINIO OFFERING(S) OR THE ACTIONS OF ANY THIRD PARTY OR USER. WHILE MINIO ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE MINIO ACADEMY SITE AND MINIO CERTIFICATION SITE SAFE, WE DO NOT REPRESENT OR WARRANT THAT THE MINIO ACADEMY SIT, MINIO CERTIFICATION SITE, OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
9. COMPLIANCE WITH LAWS
You agree to comply with all applicable laws in connection with your participation, registration, and purchase (if appliable) in the MinIO Offering(s). In no event is MinIO labile for your acts or omissions in connection therewith.
10. NOT FOR RESALE
Resale of MinIO Training Materials, Testing Materials, and Certification Exams, by the You to a third party, is strictly prohibited. MinIO reserves the right, at its sole discretion, to refuse to deliver service for any MinIO Offering or Certification Exam that has been resold by a non-authorized party.
11. EXPORT CONTROL RESTRICTIONS
MinIO observes and abides by all United States export control guidelines and sanctions rulings on applicable countries, organizations and individuals. MinIO will not deliver any training events or services, public or private, to organizations or individuals subject to US export control restrictions or sanctions. And, no attendance in classes or purchasing of subscriptions, online access or other training materials and content will be allowed by any government, organization or individual subject to United States export control restrictions and sanctions, or by any organization or individual operating or residing in any country or region of a country currently under US export control restrictions or sanctions, regardless of where such purchases may originate or where the MinIO training events in question are being held. Individuals residing in the embargoed territories of Crimea, Cuba, Iran, North Korea, and Syria are prohibited from purchasing or participating in MinIO Offering(s). Individuals who present approved candidate identification showing a non-embargoed country residence may attend participate in MinIO Offering(s).
10. GOVERNING LAW.
To the fullest extent permitted by applicable law, any claims arising out of or relating to these Terms or the MinIO Offering(s) will be governed by the laws of the State of California, without regard to its conflict of laws rules. All disputes related to these Terms or the MinIO Offering(s) will be brought solely in the federal or state courts located in Santa Clara, California, and You and MinIO consent to personal jurisdiction in these courts.
11. THIRD PARTY SITES.
Our MinIO Academy Site, MinIO Certification Site, and other MinIO websites may contain links to other third party websites. We are not responsible for the privacy practices of any websites other than Our own. We encourage you to review the privacy statements of any such websites to understand their information practices.
12. MINIO CONTACT AND INFORMATION.
These Terms are a legally-binding agreement between You and MinIO, Inc. If You have any questions about these Terms, please contact MinIO at legal@minio.io. If You have any questions related to the MinIO Offering(s), You can find more information on the applicable MinIO websites and the FAQ document.
MINIO CERTIFICATION TERMS
1. GOVERNING TERMS. These MinIO Certification Terms (“Certification Terms”) are incorporated by reference in the Terms. The Parties expressly agree that the Terms and these Certification Terms apply to Your MinIO Certification. Capitalized terms not defined in this Certification Terms shall have the same meaning as in the main Terms.
2. THE MINIO CERTIFICATION OFFERING
2.1 Overview. MinIO offers Certificaiton Exams whereby participants become MinIO Certified in a MinIO Product. More information on the MinIO Certification Offering can be found on the MinIO Certification Site.
2.2 Valid Certification. To obtain a MinIO Certification, You must meet the minimum requirements of the MinIO Certification Offering and receive a passing score on the applicable Certification Exam in accordance with MinIO’s testing guidelines. Each MinIO Certification is valid for a period of two (2) years following the date on which You successfully pass the applicable Certification Exam.
2.2.1 Credly. MinIO leverages the services of Credly by NCS Pearson located at https://info.credly.com (“Credly”), a third party data processor authorized by MinIO and located in the United States, to assist in the administration of the MinIO Certification Offering. In order to issue you a MinIO digital badge, Your personal information (such as name, email address, location and digital badge earned) will be shared with Credly. You will receive an email notification from Credly with instructions for claiming the digital badge. Your personal information is used to issue Your digital badge and for program reporting and operational purposes.
To use Credly’s services, You will need to sign up and create an account with Credly, and in doing so, You will be asked to agree to Credly’s privacy policy and terms of use which will apply to Your use of Credly’s website, Credly account, and digital badge. You can access Credly’s terms by visiting https://info.credly.com/legal. If You do not agree to Credly’s terms of use or privacy policy, You should not cease using the digital badge and delete Your Credly account.
MinIO does not control Credly, thus You acknowledge and agree that MinIO is not responsible or liable for the content, products or performance of Credly, and You hereby irrevocably waive any claim against MinIO with respect to Credly. MinIO expressly disclaims all liability from Your use of Credly and shall in no event be liable to You for Your access or use of Credly services including Your account with Credly. MinIO reserves the right to terminate any link or affiliate with Credly at any time without notice.
2.3 Errors and Availability. Access to the MinIO Certification Offering may be unavailable without notice at certain times. MinIO is not liable for any damages that may result from such unavailability or due to errors in transmission of the MinIO Certification Exams.
2.4 Noncompliance. If MinIO or a Certification Exam Provider determines that You have violated these Terms, including the Certification Terms, before, during, or after Your participation in receiving, taking, or completing a Certification Exam, MinIO or the Certification Exam Provider may take any action, in its sole discretion, it determines necessary including, but not limited to, terminating Your Exam Session, canceling the results of Your Certification Exam, requiring You to retake a Certification Exam to validate a passing score, limiting when, where, and through what exam delivery modality You may take a Certification Exam, terminating Your rights under these Terms, and prohibiting You from participating in the MinIO Certification Offering.
2.5 Benefits. If You hold one or more active MinIO Certification(s), You may earn additional benefits as described on the MinIO Certification Site. All benefits are non-transferable and intended for use solely by the individual who earned the benefit and by the MinIO Certification Account to which the benefit was originally assigned. If MinIO, in its sole discretion, determines You misused, transferred, or allowed improper access to a benefit, MinIO may invalidate the exam result related to Your misconduct. We will not reinstate the benefit, and You will not be eligible for a refund or any compensation as a result of such action.
3. TESTING.
3.1. Testing Rules. You shall comply with all rules, requirements, and applicable laws related to registration, administration, taking, scoring, and reporting of the Certification Exam as set forth by MinIO and by each Certification Exam Provider, including, without limitation, fully and truthfully cooperating with any investigation into testing irregularities, providing government issued identification to verify Your identity, and if applicable, taking a headshot and submitting it to Certification Exam Provider’s testing system. In addition, You shall not:
(a) receive or provide unauthorized assistance, or submit work that is not Your own;
(b) possess, access, or use unauthorized materials including Unauthorized Content Disclosures of any Certification Exam or Testing Materials;
(c) falsify Your identity or identification documents, or misuse any testing identification number, username, or other credentials that have been provided to You;
(d) allow another individual to test under Your identity;
(e) claim exam results that You did not validly obtain;
(f) disclose, share, or disseminate the content of any Certification Exam or Testing Materials;
(g) use tobacco, alcohol, or drugs, or be under the influence of alcohol or drugs while You are taking any Certification Exam;
(h) engage in illegal, unlawful, negligent, disruptive, harassing, abusive, threatening, or destructive behavior while You are taking any Certification Exam;
(i) use or run any hardware or software during the Exam Session that could be used to violate the Certification Requirements including, but not limited to, additional monitors, peripherals, virtual machines, and remote desktop, screen-sharing, image capture, or communication software found on any computer You used to take a Certification Exam through Online Test Delivery;
(j) use the Online Test Delivery in any manner that could interfere with, disable, disrupt, overburden, or otherwise impair the such system;
(k) screen-shot any of the Certification Exams via the Online Test Delivery;
(l) upload, transmit, or distribute to or through the Online Test Delivery system any viruses, worms, malicious code, or other software intended to interfere with the Online Test Delivery, including its security-related features; and
(m) use the MinIO Certification Program including the Online Test Delivery to violate applicable law or infringe any person’s or entity’s privacy rights, intellectual property rights, or any other proprietary rights.
3.2. Retakes. If You do not pass a Certification Exam, You may retake that Certification Exam in accordance with the retake policy as described on the MinIO Certification Site and any other policies communicated to You in writing by MinIO.
3.3 Transfer or Refunds. In the event You are unable to sit for an Exam Certification or You decide to take a different Exam Certification, You are unable to transfer Your Exam Certification to another person. MinIO Certificaiton Exams are refundable if You cancel at least five (5) days prior to Your scheduled Certification Exam date. There is a $25 fee if canceled less than five (5) days prior. You agree there are no refunds if You do not show up for a Certification Exams or for cancellations on the date You are set to take the Certification Exam.
3.4 Data Forensics and Statistical Analysis. MinIO performs regular data forensics and other statistical analyses on its Certification Exams. If We detect anomalies in Your exam performance based on data forensics, other statistical analyses, or suspicious account activity, MinIO may take any action it deems necessary, in its sole discretion, including those described in Section 2.4 (Noncompliance). In order to protect the detection mechanisms used, MinIO shall not be required to disclose specific details about data forensics, statistical analyses, and suspicious account activity that is the basis for taking such action. If MinIO has provided You written notice that one or more of Your Certification Exam results were invalidated based on data forensics, other statistical analyses, or suspicious account activity, You will immediately cease using any MinIO Certifications and are prohibited from taking a subsequent Certification Exam through Online Test Delivery without first receiving written permission from the MinIO Certification Security team.
4. TERM AND TERMINATION
4.1. Term. These MinIO Certification Terms are effective when You purchase, are scheduled or sit for a Certification Exam, whichever is earlier. These Terms will continue to be in effect until the termination of Your access to the MinIO Certification Offering or at such time that You no longer hold a valid MinIO Certification, whichever is earlier.
4.2. Termination. Upon the earliest of termination of these Terms, termination of Your access to the MinIO Certification Offering, or expiration of Your MinIO Certification, Your MinIO Certification(s) will become invalid and all rights and licenses granted herein shall automatically terminate (“Certification Termination”). For clarity, upon Certification Termination, You may no longer use any MinIO Marks or claim to hold a MinIO Certification. Any rights and licenses granted in these MinIO Certification Terms shall be automatically terminated: (a) in the event You breach these Terms including any unauthorized use by You; (b) upon MinIO’s written notice, at any time, in MinIO’s sole discretion; or (c) on the date Your MinIO Certification or these Terms are terminated or expired. Your obligation to cooperate with any investigation into suspected testing irregularities, and to adhere to all confidentiality provisions herein, will remain in effect. Those sections that by their nature shall survive will survive such Certification Termination.
5. INTELLECTUAL PROPERTY
5.1 Use of Name and Logo. Upon payment of all MinIO Certification Offering fees (if applicable) or if You obtain a MinIO Certification, whichever is earlier, We grant You a limited, non-exclusive, revocable, non-sublicensable, non-transferable, and non-assignable right to use the name of the specific MinIO Certification that You obtained and the associated trademark and copyright, which will be made available in Your MinIO Certification account or through our third-party digital badge provider, for the sole purpose to indicate Your valid MinIO Certification status and solely for the period that Your MinIO Certification remains valid. Your use of the MinIO Certification trademark and copyright is subject to Your compliance with this Section 5.1 of these Certification Terms, the MinIO’s trademark use guidelines available at https://www.min.io/logo, and any other logo usage guidelines provided to You by MinIO. When using the MinIO Certification trademark and copyright, you must: (i) not modify, edit, or change the copyright or trademark; (ii) use the full trademark, not an abbreviated version or acronym of the name; and (iii) only use the trademark and copyright for the permitted purposes herein. You agree that Your use of any MinIO Mark shall inure to the sole benefit of MinIO and, if at any time, You acquire any rights in or to, or any registration or application for, the MinIO Mark by operation of law or otherwise, You will immediately, at no expense to MinIO, assign such rights, registrations, or applications to the MinIO, along with any and all associated goodwill.
5.2 Limited License. Upon payment of all MinIO Certification Offering fees (if applicable) and registration for a Certification Offering, MinIO hereby grants You a limited, revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable license to use the MinIO Certification Offering and Testing Materials for the sole purpose of accessing and making personal use of the MinIO Certification Program and the MinIO Certifications in accordance with these Terms, Certification Terms, and MinIO’s instructions. This license does not include the right to: (i) any distribution or resale of the MinIO Certification Offering or any MinIO Confidential Information; (ii) any derivative use of the MinIO Certification Program or the MinIO Confidential Information including creating derivative works; (iii) use for any business purposes, except as otherwise provided herein; and (iv) modify the MinIO Confidential Information, the MinIO Certification Offering, or MinIO Certifications without the express written consent of an authorized representative of MinIO.
6. NO GUARANTEE AND DISCLAIMER:
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, MINIO DOES NOT GUARANTEE THAT MINIO CERTIFICATION EXAM SESSION STREAMS WILL BE PROVIDED UNINTERRUPTED OR ERROR-FREE, EVEN FOR IF YOU SUCCESSFULLY COMPLETE THE COMPATIBILITY TESTING PROCESS PRIOR TO THE EXAM START DATE. MINIO IS NOT RESPONSIBLE AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR DAMAGE OR OTHER IMPACT TO YOUR DEVICE WHILE CONNECTED TO THE MINIO REMOTE TESTING ENVIRONMENT, OR AFTER YOU HAVE LOGGED OFF AND OUT OF THE MINIO REMOTE TESTING ENVIRONMENT, OR AS A RESULT OF TAKING THE MINIO CERTIFICATION EXAM, INCLUDING BUT NOT LIMITED TO: THE DEVICE BEING HACKED; THE DEVICE INFECTED BY ANY MALICIOUS SOFTWARE; ANY LOSS OF DATA OR ANY CHANGES IN THE OPERATION OF YOUR DEVICE.
MINIO LEARNING SUBSCRIPTION TERMS
1. GOVERNING TERMS. These MinIO Learning Subscription Terms (“Learning Terms”) are incorporated by reference in the Terms. The Parties expressly agree that the Terms and this Learning Terms apply to Your participation in the MinIO Learning Subscription. Capitalized terms not defined in this Learning Terms shall have the same meaning as in the main Terms.
2. OFFERING. The MinIO Learning Subscription provides one (1) year of unlimited access to MinIO’s online curriculum and video courses, on a per-Named Learner basis.
3. TERM AND TERMINATION. These Learning Terms are effective upon your activation or purchase of a MinIO Learning Subscription Offering, whichever is earlier, and terminate one (1) year from the date of purchase (“MinIO Learning Subscription Term”), unless otherwise agreed in writing by MinIO. During the MinIO Learning Subscription Term, MinIO may terminate Your access, use, and any licenses granted herein upon written notice to You, in the event You materially breach these Terms including the MinIO Learning Subscription Terms or fail to pay for MinIO Learning Subscription Offering.
4. CERTIFICATION VOUCHER. Each Named Learner will receive one (1) voucher for a MinIO Certification Exam (“Voucher”), proctored by Prometric or, MinIO’s current Certification Exam Provider. Vouchers may be redeemed at any time during the MinIO Learning Subscription Term and must be used within ninety (90) days of redemption.
5. EVALUATION TRIAL LICENSE. MinIO may make available certain MinIO Products for training purposes (the “Evaluation Trial License”). During the MinIO Learning Subscription Term, each Named Learner may request access to a MinIO Evaluation Trial License. Customer shall only access and use the Enterprise Trial License for internal training purposes. Evaluation Trial License for a which is are only valid for sixty (60) days. Upon expiration and at Customer or Named Learner’s written request, at MinIO’s sole discretion, Evaluation Trial Licenses may be renewed or extended. Evaluation Trial License are subject to, and Customer expressly agrees to be bound by, MinIO’s then current Customer License and Subscription Agreement located at https://www.min.io/legal (“CLSA”). For any Evaluation Trial License, only Sections 3, 4.1, 4.2, 4.5, 6, 9.5, 12, 13, and 14 and the applicable definitions in Section 1 of this CLSA shall apply, with the Evaluation Trial License being deemed as “Products” in those sections. For clarity, any use of MinIO’s enterprise products are subject to the CLSA.
6. SUPPORT. Named Learner support is available through the MinIO Learning Subscription portal and is limited to learning-related questions. Questions and comments submitted in the portal are routed via email to MinIO’s Curriculum Engineering team. MinIO will use commercially reasonable efforts to respond within one (1) business day.
7. INTELLECTUAL PROPERTY AND USE RESTRICTIONS.
7.1 Limited License. Subject to the terms and conditions of the Terms and these Learning Terms and upon payment of all MinIO Learning Subscription Offering fees (if applicable), MinIO grants Customer a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, revocable license to download, install, and use the MinIO Learning Subscription P Offering and the Training Materials, and permit its authorized Named Learner(s) to access and use the MinIO Learning Subscription Offering and Training Materials, solely in connection with Customer’s internal business operations during the MinIO Learning Subscription Term in accordance with these Terms, Learning Terms, and MinIO’s instructions. This license does not include the right to: (i) any distribution or resale of the MinIO Learning Subscription Offering or any MinIO Confidential Information; (ii) any derivative use of the MinIO Learning Subscription Offering or the MinIO Confidential Information including creating derivative works; (iii) use for any business purposes, except as otherwise provided herein; and (iv) modify the MinIO Confidential Information or MinIO Learning Subscription without the express written consent of an authorized representative of MinIO.
7.2 Use Restrictions. Training Materials are provided solely for authorized Named Learner to participant and use in connection with the MinIO Learning Subscription. Neither Customer or Named Learner shall access, share, distribute, publish, copy, transfer, or record any Training Materials without MinIO’s express prior written consent. Notwithstanding the foregoing, authorized Named Learner(s) may download one (1) PDF copy of lab files provided within the MinIO Learning Subscription platform for their own personal use. Downloading or other repurposing of video content is strictly prohibited. In no event shall Customer or Named Learner share or sell any MinIO Training Materials with third parties.
8. SHARING OF NAMED LEARNER USE DATA. MinIO reserves the right to share a Named Learner’s user data or other MinIO Learning Subscription Offering related information with parties involved in the purchase and management of the subscription, including but not limited to, the purchaser, the Named Learner’s supervisors and managers, and the training staff of the Named Learner’s employer.
9. TRAINING LABS. Named Learners will receive instructions for downloading and installing MinIO Products locally using Docker compose scripts. Customer agrees that such installation requires 8 GB RAM and 10 GB hard disk space.
10. NO GUARANTEE AND DISCLAIMER:
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, MINIO DOES NOT GUARANTEE THAT MINIO LEARNING SUBSCRIPTION OFFERING WILL BE PROVIDED UNINTERRUPTED OR ERROR-FREE. MINIO IS NOT RESPONSIBLE AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR DAMAGE OR OTHER IMPACT TO YOUR DEVICE WHILE USING THE MINIO LEARNING SUBSCRIPTION OFFERING INCLUDING BUT NOT LIMITED TO: THE DEVICE BEING HACKED; THE DEVICE INFECTED BY ANY MALICIOUS SOFTWARE; ANY LOSS OF DATA OR ANY CHANGES IN THE OPERATION OF YOUR DEVICE.
MINIO AISTOR QUICKSTART OFFERING TERMS
1. GOVERNING TERMS. These MinIO AIStor Quickstart Offering Terms (“Quickstart Terms”) are incorporated by reference in the Terms. The Parties expressly agree that the Terms and this Quickstart Terms apply to Your participation in the MinIO AIStor Quickstart Offering. Capitalized terms not defined in this Quickstart Terms shall have the same meaning as in the main Terms.
2. OFFERING. The MinIO Quickstart Subscription offers sixty (60) days of free, unlimited access to selected MinIO online learning and video courses, on a per-Named Learner basis.
3. TERM. The MinIO AIStor Quickstart Offering will be available to You sixty (60) days from the date of Your purchase (“MinIO AIStor Quickstart Offering Term”).
4. NAMED LEARNER. The Named Learner is the person registering for the MinIO AIStor Quickstart Offering. Each MinIO AIStor Quickstart Offering seat may only be used by a single Named Learner and is non-transferable.
5. ENTERPRISE TRIAL LICENSE. MinIO may make available certain MinIO products for training purposes (the “Enterprise Trial License”). During the MinIO AIStor Quickstart Offering Term, each Named Learner may request access to a MinIO Enterprise Trial License solely for its internal training purposes and in non-production environments. Enterprise Trial Licenses are only valid for sixty (60) days. Upon expiration and at Customer or Named Learner’s written request, at MinIO’s sole discretion, Enterprise Trial Licenses may be renewed or extended. Enterprise Trial Licenses are subject to, and Customer expressly agrees to be bound by, MinIO’s then current Customer License and Subscription Agreement located at https://www.min.io/legal (“CLSA”). For any Enterprise Trial License, only Sections 3, 4.1, 4.2, 4.5, 6, 9.5, 12, 13, and 14 and the applicable definitions in Section 1 of this CLSA shall apply, with the Enterprise Trial License being deemed as “Products” in those sections. For clarity, any use of MinIO’s enterprise products are subject to the CLSA. To access the Enterprise Trial License, the Named Learner must provide a valid commercial email address, which will receive the trial license key.
6. SUPPORT. Named Learner support is available through the training portal and not via MinIO SUBNET, and is limited to learning-related questions. Questions and comments submitted in the portal are routed via email to MinIO’s Curriculum Engineering team. MinIO will use commercially reasonable efforts to respond within one (1) business day. MinIO does not guarantee that every question or problem will be resolved.
7. INTELLECTUAL PROPERTY.
7.1 Limited License. Subject to the terms and conditions of the Terms and these Quickstart Terms and upon payment of all MinIO AIStor Quickstart Offering fees (if applicable), MinIO grants Customer a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, revocable license to download, install, and use the MinIO AIStor Quickstart Offering and the Training Materials, and permit its authorized Named Learner(s) to access and use the MinIO AIStor Quickstart Offering and Training Materials, solely in connection with Customer’s internal business operations during the MinIO AIStor Quickstart Offering Term in accordance with these Terms, Quickstart Terms, and MinIO’s instructions. This license does not include the right to: (i) any distribution or resale of the MinIO Learning Subscription Offering or any MinIO Confidential Information; (ii) any derivative use of the MinIO Learning Subscription Offering or the MinIO Confidential Information including creating derivative works; (iii) use for any business purposes, except as otherwise provided herein; and (iv) modify the MinIO Confidential Information or MinIO AIStor Quickstart Offering without the express written consent of an authorized representative of MinIO.
7.2 Use Restrictions. Training Materials are provided solely for authorized Named Learner to participant and use in connection with the MinIO AIStor Quickstart Offering. Neither Customer or Named Learner shall access, share, distribute, publish, copy, transfer, or record any Training Materials without MinIO’s express prior written consent. Notwithstanding the foregoing, authorized Named Learner(s) may download one (1) PDF copy of lab files provided within the MinIO AIStor Quickstart Offering platform for their own personal use. Downloading or other repurposing of video content is strictly prohibited. In no event shall Customer or Named Learner share or sell any MinIO Training Materials with third parties.
8. SHARING OF NAMED LEARNER USE DATA. Subject to MinIO’s compliance with applicable laws, MinIO reserves the right to share a Named Learner’s user data or other MinIO AIStor Quickstart Offering related information for ongoing marketing purposes.
9. TRAINING LABS. Named learners will receive instructions for downloading and installing MinIO locally using Docker compose scripts. System requirements include 8 GB RAM and 10 GB hard disk space.
10. NO GUARANTEE AND DISCLAIMER:
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, MINIO DOES NOT GUARANTEE THAT MINIO AISTOR QUICKSTART OFFERING WILL BE PROVIDED UNINTERRUPTED OR ERROR-FREE. MINIO IS NOT RESPONSIBLE AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR DAMAGE OR OTHER IMPACT TO YOUR DEVICE WHILE USING THE MINIO AISTOR QUICKSTART OFFERING INCLUDING BUT NOT LIMITED TO: THE DEVICE BEING HACKED; THE DEVICE INFECTED BY ANY MALICIOUS SOFTWARE; ANY LOSS OF DATA OR ANY CHANGES IN THE OPERATION OF YOUR DEVICE.
MINIO TRAINING OFFERING TERMS
1. GOVERNING TERMS. These MinIO Training Offering Terms (“Training Terms”) are incorporated by reference in the Terms. The Parties expressly agree that the Terms and this Training Terms apply to Your participation in the MinIO Training Offering. Capitalized terms not defined in this Training Terms shall have the same meaning as in the main Terms.
2. OFFERING. MinIO provides onsite training consisting of instructor-led classes delivered to You, at Your site, at another location designated by You or MinIO, or via virtually over the internet.
3. EXPENSES. Expenses for private on-site classes shall be charged on an event basis as specified at the time of Your order and included in Your total price, as specified in the order form. You shall not incur any expenses on behalf of MinIO, without MinIO’s prior written consent.
4. EQUIPMENT AND FACILITIES. For on-site courses, Customer will provide the facility and equipment as specified by MinIO. For live-virtual courses, Customer will ensure each participant has a suitable workstation, high speed internet access, the ability to use Zoom or equivalent web-conferencing tool, and the ability to send and receive traffic on ports 80 and 443.
5. TRAINING LABS. Hands-on labs are an integral part of MinIO training. Labs may be run on Customer systems, in a public cloud, or via the MinIO data center. If labs are run locally or in a public cloud, Customer is solely responsible for provisioning the environment in advance in accordance with MinIO’s instructions. For clarity, Customer will be responsible for the security of any labs ran on its environment or systems and shall at all times comply with applicable laws. The parties expressly agree that MinIO is not responsible for lab performance issues for labs not setup and run by MinIO.
6. PARTICIPANT PREPAREDNESS. Customer is responsible for (i) assessing each participant’s suitability for the training, (ii) enrolling participants in the appropriate course(s), and (iii) ensuring participants’ attendance at scheduled course(s).
7. TRAINING DELIVERY. Customer must provide MinIO at least four (4) weeks’ prior written notice for delivery of training services. Unless otherwise agreed by the Parties in writing, training will be delivered between Monday through Friday, between 7:00 a.m. and 8:00 p.m. U.S. Eastern Time, and will occur within a single work week.
8. MINIO INSTRUCTOR. MinIO will provide a qualified and accredited instructor to facilitate training delivery (“Instructor”). All instructor scheduling shall be at the sole discretion of MinIO. Instructors will use commercially reasonable efforts to answer questions regarding (i) technical issues with the course; and (ii) course content. Instructors are not expected to answer questions specific to Customer’s deployment of MinIO Products. MinIO does not guarantee the availability of a specific instructor for the delivery of any specific onsite class.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 Limited License. Subject to the terms and conditions of the Terms and these Training Terms and upon payment of all MinIO Training Offering fees (if applicable), MinIO grants Customer a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, revocable license to download, install, and use the MinIO Training Offering and the Training Materials solely in connection with Customer’s internal business operations during the Training Term (as defined below) and in accordance with these Terms, Training Terms, and MinIO’s instructions. This license does not include the right to: (i) any distribution or resale of the MinIO Training Offering or any MinIO Confidential Information; (ii) any derivative use of the MinIO Training Offering or the MinIO Confidential Information including creating derivative works; (iii) use for any business purposes, except as otherwise provided herein; and (iv) modify the MinIO Confidential Information or MinIO Training Offering without the express written consent of an authorized representative of MinIO.
9.2 Use Restrictions. Training Materials are provided solely for participant use and may not be copied, transferred, or recorded without the prior written consent of MinIO. Customer may not record any training delivery.
10. RESCHEDULING, DELIVERY DATE AND CANCELLATION. All training must be used within one (1) year of the purchase date (“Training Term”). Failure to consume the purchased training within the Training Term will result in forfeiture of the purchased training and no refund will be due to You. You must cancel or reschedule an onsite training class no fewer than fourteen (14) calendar days prior to the scheduled event start date. If notice of cancellation or rescheduling is received within one to thirteen (1 to 13) days prior to the event start date, a cancellation/rescheduling fee equal to fifty percent (50%) of the total fee for the onsite class is due to MinIO by You. If notice of cancellation or rescheduling is received on the class/exam start date, a cancellation/rescheduling fee equal to one hundred percent (100%) of the total fee for the onsite class or exam is due to MinIO by You. Fees charged for cancellation or rescheduling will not be applied to any rescheduled training classes, or any other future training purchase from MinIO.
11. NO GUARANTEE AND DISCLAIMER:
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, MINIO DOES NOT GUARANTEE THAT MINIO TRAINING OFFERING WILL BE PROVIDED UNINTERRUPTED OR ERROR-FREE. MINIO IS NOT RESPONSIBLE AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR DAMAGE OR OTHER IMPACT TO YOUR DEVICE WHILE USING THE MINIO TRIAINING OFFERING INCLUDING BUT NOT LIMITED TO: THE DEVICE BEING HACKED; THE DEVICE INFECTED BY ANY MALICIOUS SOFTWARE; ANY LOSS OF DATA OR ANY CHANGES IN THE OPERATION OF YOUR DEVICE.