The AUP prohibits using Databricks Services in violation of applicable law, with explicit reference to U.S. Export Administration Regulations and OFAC sanctions programs.
This analysis describes what Databricks's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision places on users the obligation to ensure that their use of the platform, including any data processed or models developed, does not violate U.S. export control or sanctions law, which may require affirmative compliance assessments for customers operating internationally or handling controlled technology.
The agreement requires users to comply with U.S. export control regulations and OFAC sanctions as a condition of using the Databricks Services, with violations constituting a breach of the AUP and potentially the underlying service agreement.
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"Violate any applicable laws or regulations, including export control laws and regulations (e.g., the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control).— Excerpt from Databricks's Databricks AI Acceptable Use Policy
1. REGULATORY LANDSCAPE: This provision directly engages with the Export Administration Regulations administered by the Bureau of Industry and Security within the U.S. Department of Commerce, and with OFAC sanctions programs administered by the U.S. Department of the Treasury. Violations of EAR or OFAC regulations carry civil and criminal penalties administered by these agencies. 2. GOVERNANCE EXPOSURE: Medium. For most domestic commercial users, this provision reflects standard legal compliance obligations. However, for multinational enterprises, technology companies exporting AI models or data analytics outputs, or customers with operations in sanctioned jurisdictions, this provision creates a specific contractual compliance trigger. 3. JURISDICTION FLAGS: Non-U.S. customers should assess whether their use of Databricks Services, particularly for AI model development or data transfer, implicates U.S. export control jurisdiction, which may apply extraterritorially depending on the nature of the technology and the nationality of involved parties. 4. CONTRACT AND VENDOR IMPLICATIONS: Enterprise customers should confirm that their export compliance programs cover cloud-based AI and data platform use cases, as the use of Databricks for model development or data processing involving controlled technology or sanctioned parties may trigger EAR or OFAC obligations. 5. COMPLIANCE CONSIDERATIONS: Legal and compliance teams should assess whether the organization's existing export compliance program addresses AI and cloud computing use cases on platforms like Databricks. Organizations with international operations should consider whether screening procedures cover access to Databricks accounts by employees or contractors in restricted jurisdictions.
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This provision places on users the obligation to ensure that their use of the platform, including any data processed or models developed, does not violate U.S. export control or sanctions law, which may require affirmative compliance assessments for customers operating internationally or handling controlled technology.
The agreement requires users to comply with U.S. export control regulations and OFAC sanctions as a condition of using the Databricks Services, with violations constituting a breach of the AUP and potentially the underlying service agreement.
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