IBM Cloud Services Agreement Service Description: IBM Z Virtual Access Early Cloud Services

This Service Description applies to the Early Cloud Service. This Service Description and any associated order documents, as applicable, are Transaction Documents (TD) governed by the Cloud Services Agreement applicable for Client's country of business (available at ibm.com/terms) and are the complete Agreement governing use of the Early Cloud Service.

1.1    Offerings
The Client may select from the following available offerings.

1.1.1    Use of Early Cloud Services
An Early Cloud Service is a service IBM is developing and testing for release as a cloud service or as an on-premise offering. Client is authorized to use an Early Cloud Service during the specified early cloud service period for the purpose of evaluating its functionality and to provide feedback to IBM or its affiliates and applicable licensors. Early Cloud Services are not designed for use in a production environment or for commercial purposes and any such use is at Client’s own risk. IBM may provide additional supporting details and information that apply to Client’s access and use of an Early Cloud Service. If the offering becomes generally available, IBM is under no obligation to offer migration capabilities or services.

2.    Data Processing and Protection Data Sheets
The Early Cloud Services may have certain features disabled and are not designed to comply with any specific governmental regulation or specific security measures. Client agrees that no Client Content that includes personal data will be provided to IBM under this TD, including such that may be subject to European General Data Protection Regulations (GDPR) requirements. In the event of change, Client will notify IBM in writing and IBM and Client will agree on an applicable Data Processing and Protection Data Sheet(s) (referred to as data sheet(s) or DPA Exhibit(s)) to provide additional data protection information for the Early Cloud Services and its options regarding the types of Content that may be processed, the processing activities involved, the data protection features, and specifics on retention and return of Content. IBM’s Data Processing Addendum (DPA) at ibm.com/dpa and the DPA Exhibit applies to personal data contained in Content, if and to the extent i) the European General Data Protection Regulation (EU/2016/679) (GDPR); or ii) other data protection laws identified at ibm.com/dpa/dpl apply.

3.1    Service Level Agreement
Service Level Agreements are not applicable for Early Cloud Services.

3.2    Technical Support
Technical support is not applicable for Early Cloud Services.

4.    Charges
Generally, there are no charges for use of an Early Cloud Service, unless specified by IBM or a third party service provider. If any authority imposes a custom, duty, tax (including withholding tax), levy or fee for the import or export, transfer, access or use of an Early Cloud Service or third party service, then Client is responsible to pay any such amount imposed.

5.    Additional Terms
For Cloud Service Agreements (or equivalent base cloud agreements) executed prior to January 1, 2019, the terms available at ibm.com/acs apply.

5.1    Feedback
Client agrees IBM or its affiliates and applicable licensors may use all feedback and suggestions Client provides for any purposes without limitation.

5.2    Term
Client may use an Early Cloud Service for the period IBM specifies or until IBM withdraws or terminates the Early Cloud Service.

Client may terminate use of an Early Cloud Service at any time by notifying IBM. Client is responsible to remove any Content Client wishes to retain prior to expiration or termination of an Early Cloud Service.

IBM may at any time suspend, revoke, limit or refuse participation in or use of an Early Cloud Service. Content will be destroyed upon the expiration or cancellation of the Early Cloud Service unless specific migration to the related generally available Cloud Services is available.

5.3    Changes
IBM may in its reasonable discretion, change the terms applicable to an Early Cloud Service, modify the computing environment, or withdraw features of an Early Cloud Service, in whole or in part by providing notice. Continued use is Client’s acceptance of any such change. If Client does not accept a change, Client is responsible to discontinue use upon such notice.