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IBM Cloud Terms of Use

IBM Cloud Terms of Use

Agreement Terms

The following terms apply to an IBM Cloud® account and use of the IBM Cloud Services:

  1. The IBM Cloud Service Description available at https://www.ibm.com/support/customer/csol/terms/?id=i126-6605.
  2. Additional Service Descriptions (SDs) for each Cloud Service ordered using your IBM Cloud account, available in the IBM Cloud catalog or on the IBM Terms website. Additional SDs contain links to the applicable Data Sheet for each Cloud Service.
  3. One of the following base agreements based upon selected account type and country.
    • IBM Cloud International B.V. (formerly SoftLayer Dutch Holding B.V.) Cloud Services Agreement available at https://www.ibm.com/support/customer/csol/terms/?id=Z126-6304_IBMCIBV which applies to:
      • Enterprise Savings Plan accounts for Clients with business addresses in France, Italy, Spain, Brazil, India, Japan, Israel, or Mexico, invoiced by IBM Cloud International B.V.
      • U.S. Dollar Pay as you Go (PayGo) credit card accounts in all countries except Australia, Austria, Belgium, Canada, Denmark, Finland, Germany, Ireland, Luxembourg, Netherlands, New Zealand, Norway, Sweden, Switzerland, United Kingdom, or the United States of America.
      • Free/Lite Accounts.
    • The country-specific IBM Cloud Service Agreement found at https://www.ibm.com/support/customer/csol/terms/?id=Z126-6304 applicable to Client's business address which applies to all other accounts contracted with IBM local country entities, including:
      • Pay as you go (PayGo) credit card accounts for Australia, Austria, Belgium, Canada, Denmark, Finland, Germany, Ireland, Luxembourg, Netherlands, New Zealand, Norway, Sweden, Switzerland, United Kingdom, or the United States of America.
      • Invoiced (non-credit card) and local country currency accounts of any type, except for the Enterprise Savings Plan accounts in countries listed above.
    • The IBM Passport Advantage Agreement you accepted upon enrollment in the Passport Advantage Program available at https://www.ibm.com/support/customer/csol/terms/?id=i126-5948.
    • A business partner agreement covering the use of Cloud Services (e.g. use of an IBM Cloud account for an embedded service or downstream distribution, subject to the terms of the IBM Embedded Solution Agreement, as approved by IBM).
    • Another agreement with equivalent cloud services terms signed between the parties.

Exchange Rate Policy

IBM Cloud adjusts the exchange rates used to provide pricing in non-US dollar currencies on a monthly basis. Charges for cloud services are based on US dollars. Non-US dollar pricing is calculated by converting the US dollar rate by using market exchange rates published by leading financial institutions. Market exchange rates will be adjusted monthly, except as prohibited or controlled by applicable law.

IBM Business Associate Addendum

If you or your company is a covered entity as defined by the US Health Insurance Portability and Accountability Act (HIPAA) and intend to order Cloud Services that might process protected health information (PHI), you must accept the IBM® Business Associate Addendum (BAA) available at https://www.ibm.com/support/customer/csol/terms/?cat=baa. The BAA can be digitally accepted as described in Enabling the HIPAA Supported setting.

EU Data Act

If you are a client based in the European Union and are planning to migrate your data out of IBM Cloud, you are entitled to reduced data egress charges under the terms of the EU Data Act (Regulation (EU) 2023/2854). Please contact your IBM or IBM Business Partner representative, or create a new case in the IBM Cloud Support Center for further information and assistance.