MongoDB Cloud Terms of Service

Last updated: October 29, 2026. To see what has changed in this Agreement, click here.

MongoDB, Inc., MongoDB Limited, and MongoDB Serviços de Software No Brasil LTDA (“we,” “us,” or “our”) are pleased to offer certain web services (“Cloud Services”) according to the terms and conditions in this Agreement (“Agreement”). If you are located in the Americas (excluding Brazil and the Caribbean) or Japan, your counterparty is MongoDB, Inc.; if you are located in Brazil, your counterparty is MongoDB Serviços de Software No Brasil LTDA; if you are located anywhere else (including the Caribbean), your counterparty is MongoDB Limited. By creating an account to use the Cloud Services, you agree to this Agreement. If you represent an organization, you represent and warrant that you are authorized to agree to this Agreement on behalf of your organization. If you do not agree to this Agreement, do not use the Cloud Services.

1. Cloud Services.

You may access and use our Cloud Services in accordance with this Agreement. The service level agreements we currently offer with respect to MongoDB Cloud Services are located at: https://www.mongodb.com/legal/sla/cloud.

The Cloud Services may include features or services that have separate rules specific to the feature or service. You will comply with all laws, rules and regulations applicable to the use of the Cloud Services and any additional feature or service you use. You understand and agree that we may change, suspend or discontinue any part or all of the Cloud Services. We will notify you of any material change to or discontinuation of the Cloud Services by email or via our website.

Some Cloud Services may be in preview, testing, or “Preview” phase (each, a “Preview Offering”), for the purpose of evaluating performance, identifying defects and obtaining feedback. MongoDB will not be liable for any damages in connection with your use of any Preview Offering. You are not required to use any Preview Offering, and we have no obligation to release a final version of any Preview Offering.

If you purchase support for the Cloud Services (“Support”), we will provide you with Support in accordance with the applicable support policy on our website, currently available at https://www.mongodb.com/legal/support-policy. We may modify our support policy from time to time. Each time you register to receive Support, you are obligated to pay for a minimum of 30 days of Support. If you promptly or repeatedly re-register for Support after terminating it, we may charge you for the time period in which your Support was inactive or refuse to provide you Support.

2. Registration and Your Account.

To register to use the Cloud Services, you must create a username and password and provide us with the information requested in the registration process. You must provide complete and accurate information during the registration process and will update your information to ensure it remains accurate.

3. Consulting Services.

If you purchase consulting or professional services for the Cloud Services (“Consulting Services”), you will provide MongoDB with reasonable assistance and information to facilitate scheduling and performance of the Consulting Services. You will also appoint an engagement manager to help ensure effective delivery of the Consulting Services. Consulting Services and any work provided to you as a part of the Consulting Services, including any report (a “Deliverable”), are accepted when delivered. We may engage qualified subcontractors to provide the Consulting Services. We grant you a royalty-free, perpetual, nontransferable and nonexclusive license to use and reproduce any Deliverables for your internal business purposes.

4. Your Data.

(a) Annex A (Business Associate Agreement) of this Agreement applies to the extent provided in Annex A. If you include payment cardholder information in your use of the Cloud Services, MongoDB will maintain all applicable Payment Card Industry Data Security Standard requirements.

(b) Data Processing. The parties will comply with the MongoDB Data Processing Agreement (“DPA”) available at https://www.mongodb.com/legal/data-processing-agreement, which is incorporated into this Agreement.

(c) Security. Each party has obligations with respect to the security of the Cloud Services. We will implement and maintain appropriate technical and organizational security measures. The current technical and organizational security measures are described at https://www.mongodb.com/legal/customer-service-agreement/technical-and-organizational-security-measures. You are responsible for properly configuring and using the Cloud Services and taking your own steps to maintain appropriate security, protection and backup of your data. You will not disclose your user credentials to any unauthorized persons. You are responsible for all activities in your account, regardless of whether undertaken by you, your employees or a third party (including contractors or agents). We and our affiliates are not responsible for unauthorized access to your account unless caused by our breach of this Agreement. You will contact us immediately if you believe unauthorized activity has occurred in your account or if your account information is lost or stolen.

(d) AI Features. You may disable the AI Features in accordance with the Documentation, or choose not to use the AI Features. You own any data that you input into AI Features, and we will not use that data to train any model if you opt out. You may opt out through your account settings if you have a payment method on file. You will not use the AI Features to develop or train any AI model. “AI Features” means the AI embedding and reranking model services and various generative AI-powered features included in the Cloud Services for your use.

5. Payment and Taxes.

(a) Services Fees. We calculate and bill fees and charges as described on the site specific to the Cloud Service you are using. For monthly charges, we may bill you more frequently for fees accrued if we believe there is a risk of non-payment or if we suspect that your account is fraudulent. If you choose monthly billing by credit card, you authorize a recurring monthly charge to your credit card based on our current fee schedule for the Cloud Services or Support, as applicable. You will pay us the applicable fees and charges for use of the Cloud Services, Support or Consulting Services as described on the applicable site using your credit card. All amounts payable for the Cloud Services, Support or Consulting Services will be made without setoff or deduction, and all amounts paid are non-refundable. We may increase or add new fees and charges for a Cloud Service, Support or Consulting Services by updating the applicable site. In the event that we change the pricing for the Cloud Services, Support or Consulting Services, the fees payable by you will increase or decrease in accordance with any such modification upon the date specified on the applicable site. We may charge you interest at the rate of 1% per month or the highest rate permitted by law on any late payment.

(b) Taxes. All fees and charges payable by you are exclusive of applicable taxes and duties, including VAT and applicable sales tax. You will provide us any information we reasonably request to determine whether we are obligated to collect VAT from you, including your VAT identification number. If you are legally entitled to an exemption from any sales, use, or similar transaction tax, you are responsible for providing us with legally-sufficient tax exemption certificates for each taxing jurisdiction. We will apply the tax exemption certificates to charges under your account occurring after the date we receive the tax exemption certificates. If any deduction or withholding is required by law, you will notify us and will pay us any additional amounts necessary to ensure that the net amount that we receive, after any deduction and withholding, equals the amount we would have received if no deduction or withholding had been required. Additionally, you will provide us with documentation showing that the withheld and deducted amounts have been paid to the relevant taxing authority.

6. Term and Termination.

(a) Term; Termination. The term of this Agreement commences when you create an account and will remain in effect until terminated in accordance with this Agreement. You may terminate this Agreement by terminating all Cloud Services under your account, and we may terminate this Agreement for any reason by providing you 30 days’ advance notice. We may also terminate your account and this Agreement, or suspend your access to the Cloud Services, immediately if: (i) we change the way we provide or discontinue any Cloud Service; (ii) you are late in payment or otherwise in breach of this Agreement; (iii) we reasonably determine that your use of the Cloud Services poses a risk to the availability, functionality or security of the Cloud Services; (iv) we reasonably determine that your use of the Cloud Services may be unlawful; or (v) you have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding. If we suspend your right to access or use any portion or all of the Cloud Services, you remain responsible for all fees and charges you have incurred during the suspension and you will not be entitled to any credit or refund. We will use commercially reasonable efforts to restore your access to the Cloud Services promptly following resolution of the cause of your suspension. We may suspend or terminate your access to or use of any Preview Offering at any time and for any reason.

(b) Effect of Termination. Upon termination of this Agreement (i) all your rights under this Agreement immediately terminate; and (ii) you remain responsible for all fees and charges you have incurred up to and including the date of termination. We have no obligation to continue to store the data contained in backup snapshots or in a MongoDB Atlas cluster that you have terminated or after termination of this Agreement.

7. Intellectual Property Rights and Ownership.

(a) Your Data. You represent and warrant to us that: (i) you have all rights in your data necessary to grant the rights contemplated by this Agreement; and (ii) none of your data or your use of your data violates this Agreement, any applicable law or any third party’s intellectual property or other right.

(b) Our Services. As a condition to your use of the Cloud Services you will not, and will not allow any third party to: (i) modify or create derivative works of any part of the Cloud Services; (ii) attempt to reverse engineer, disassemble, or decompile the Cloud Services or apply any process or procedure to attempt to derive any underlying component of the Cloud Services, including our software, models, or algorithms; (iii) access or use the Cloud Services in a way intended to avoid incurring fees or exceeding usage limits or quotas; (iv) resell or sublicense the Cloud Services; (v) use the Cloud Services in connection with any derivative work of the MongoDB database; (vi) attempt to disable or circumvent any security mechanisms used by the Cloud Services; (vii) use the Cloud Services in a way that poses a risk to the availability, functionality or security of the Cloud Services; or (viii) use the Cloud Services unlawfully.

(c) No Other Rights. This Agreement does not transfer any right, title or interest in any intellectual property to any party, except as expressly set forth in this Agreement. You are not obligated to provide us with any suggestions or other feedback about the Cloud Services or otherwise, but if you do, we may use and modify this feedback without any restriction or payment.

(d) Customer may use any confidential or proprietary information that MongoDB provides to Customer (“MongoDB Information”) only to evaluate the Cloud Services or Consulting Services and will use a high degree of care to avoid disclosure of MongoDB Information. Customer will not disclose MongoDB Information to any third party without MongoDB's prior written consent. Customer’s confidentiality obligations will continue for three years after this Agreement terminates.

(e) Third-Party Offerings. You may choose to connect the Cloud Services to certain third-party products or services. MongoDB does not control, and is not responsible for, those third-party products and services.

8. No Warranty.

The Cloud Services, including Preview Offerings, Support, and Consulting Services, including any Deliverables, are provided on an "AS IS" and "AS AVAILABLE" basis and with no representation or warranty of any kind. Except to the extent prohibited by law, we disclaim any implied or statutory warranty, including any implied warranty of merchantability or fitness for a particular purpose, and any warranty arising out of any course of dealing or usage of trade.

9. Limitation of Liability.

We and our affiliates and licensors will not be liable to you for any indirect, incidental, special, consequential or exemplary damages (including damages for loss of profits, goodwill, use or data). We and our affiliates and licensors will not be responsible for any compensation, reimbursement or direct damages arising in connection with: (a) your inability to use the Cloud Services; (b) the cost of procurement of substitute goods or services; (c) any investments, expenditures or commitments by you in connection with this Agreement or your use of or access to the Cloud Services; or (d) any unauthorized access to, alteration of, or deletion, destruction, damage, loss or failure to store any of your content or other data. Our and our affiliates’ and licensors’ aggregate liability under this agreement will be limited to the amount you actually pay us under this agreement for the Cloud Services that gave rise to the claim during the 12 months preceding the claim.

10. Indemnification.

You will defend, indemnify, and hold harmless us, our affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to any third party claim concerning: (a) your use of the Cloud Services (including any activities under your account and use by your employees and personnel); (b) breach of this Agreement or violation of applicable law by you; or (c) your data or the combination of your data with other applications, content or processes, including any claim involving alleged infringement or misappropriation of intellectual property rights. If we or our affiliates are obligated to respond to a third party subpoena or other compulsory legal order or process seeking information related to your data or your use of the Cloud Services, you will also reimburse us for reasonable legal fees, as well as our employees’ and contractors’ time and materials spent responding to the third party subpoena or other compulsory legal order or process at our then-current hourly rates. We will promptly notify you of any claim subject to this Section, but our failure to promptly notify you will only affect your obligations to the extent that our failure materially harms your ability to defend the claim. You may: (a) use counsel of your own choosing (subject to our written consent) to defend against any claim; and (b) settle the claim as you deem appropriate, provided that you obtain our prior written consent before entering into any settlement.

11. General.

(a) General. We and you are independent contractors, and neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other. This Agreement does not create any third party beneficiary rights in any individual or entity that is not a party to this Agreement. You will not assign this Agreement, or delegate or sublicense any of your rights under this Agreement, without our prior written consent. Our failure to enforce any provision of this Agreement will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. If any provision of this Agreement is unenforceable, that portion will be modified to render it enforceable to the extent possible to effect the parties’ intention and the remaining provisions will not be affected.

(b) Entire Agreement. This Agreement incorporates any data processing agreement or Business Associate Agreement, and comprises the entire understanding between you and us relating to the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements or communications between you and us, whether written or verbal, regarding the subject matter of this Agreement.

(c) Notice. All communications and notices to be made or given pursuant to this Agreement must be in English. We may provide any notice to you under this Agreement by posting a notice on the website for the applicable Cloud Service or sending a message to the email address associated with your account. You will be deemed to have received any email sent to the email address then associated with your account when we send the email, whether or not you actually receive the email. To give us notice under this Agreement, you must (1) email us at legal@mongodb.com, or (2) send us your notice by certified mail, return receipt requested, to MongoDB, Inc., 1633 Broadway, 38th Floor New York, NY 10019, Attention: Legal Department.

(d) Choice of Law; Consent to Jurisdiction. The laws of New York, excluding any applicable conflict of laws rules or principles, govern this Agreement and any dispute of any sort that might arise between you and us. You consent to exclusive jurisdiction and venue of New York courts. We may seek injunctive or other relief in any state, federal or national court of competent jurisdiction for any actual or alleged infringement of our, our affiliates', or any third party’s intellectual property or other proprietary rights. The United Nations Convention for the International Sale of Goods does not apply to this Agreement.

(e) Force Majeure. We are not liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

(f) Amendments. We may amend this Agreement at any time by posting a revised version on the site for the applicable Cloud Service or by otherwise notifying you by email. Amended terms of service become effective upon posting on the site for the applicable Cloud Service or as stated in our email notice message. By continuing to use the Cloud Services, Support or Consulting Services after the effective date of any amendment to this Agreement, you agree to be bound by the amended terms of service. Please check the site for the applicable Cloud Service regularly. We last amended this Agreement on the date listed at the beginning of this Agreement.

Annex A

BUSINESS ASSOCIATE AGREEMENT

This Business Associate Agreement ("BAA") is incorporated into and forms part of the Agreement. This BAA shall apply only if and for so long as: (i) Company is a Covered Entity or a Business Associate; and (ii) MongoDB creates, receives, maintains or transmits PHI on behalf of Company through the Services. In the event of any conflict between this BAA and any other part of the Agreement, this BAA shall prevail only to the extent the conflict relates to PHI, provided that this BAA shall in no case prevail over Section 9 (Limitation of Liability) of the Agreement. If Company (or any of its Affiliates) and MongoDB (or any of its Affiliates) are parties to a separately executed business associate agreement that covers Company's use of the Services, this BAA shall not apply for so long as that separately executed business associate agreement remains in effect.

1. DEFINITIONS

Capitalized terms used but not defined in this BAA have the meanings given to them in HIPAA or, if not defined in HIPAA, in the Agreement. Terms defined in this BAA apply only for the purposes of this BAA.

1.1. “Agreement” means the MongoDB Cloud Terms of Service of which this Annex A is part.

1.2. “Affiliate” means an organization that controls, is controlled by, or is under common control with, a party, where “control” means direct or indirect ownership of more than 50% of the voting interests of the organization.

1.3. "Breach" means the acquisition, access, use or disclosure of PHI in a manner not permitted by the Privacy Rule that compromises the security or privacy of the PHI as defined, and subject to the exclusions set forth, in 45 C.F.R. § 164.402.

1.4. “Business Associate” has the meaning provided at 45 C.F.R. § 160.103.

1.5. “Covered Entity” has the meaning provided at 45 C.F.R. § 160.103.

1.6. “Company” means the legal or natural person who has entered into the Agreement.

1.7. “Effective Time” means the time at which this BAA begins to apply in accordance with the preamble to this BAA.

1.8. “ePHI” means PHI that is transmitted or maintained in Electronic Media.

1.9. “HIPAA” means the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations, as amended and supplemented by the Health Information Technology for Economic and Clinical Health Act (HITECH).

1.10. “MongoDB” means the applicable MongoDB entity that is Company’s counterparty to the Agreement.

1.11. “PHI” means Protected Health Information, as defined in 45 C.F.R. § 160.103, and is limited to the Protected Health Information received from, or received, maintained, created or transmitted on behalf of, Company by MongoDB in performance of the Services.

1.12. “Privacy Rule” means the federal privacy regulations, as amended from time to time, issued pursuant to HIPAA and codified at 45 C.F.R. Parts 160 and 164 (Subparts A & E).

1.13. “Security Rule” means the federal security regulations, as amended from time to time, issued pursuant to HIPAA and codified at 45 C.F.R. Parts 160 and 164 (Subparts A & C).

1.14. “Services” means, to the extent and only to the extent they involve the receipt, creation, maintenance, transmission, use or disclosure of PHI, the services provided by MongoDB to Company as set forth in the Agreement as may be amended in accordance with its terms from time to time.

2. RESPONSIBILITIES OF MONGODB

With regard to its use and/or disclosure of PHI, MongoDB agrees to:

2.1. not use and/or further disclose PHI except as necessary to provide the Services, as permitted or required by this BAA, and in compliance with each applicable requirement of 45 C.F.R. § 164.504(e), or as otherwise Required by Law; provided that, to the extent MongoDB is to carry out Company's obligations under the Privacy Rule, MongoDB will comply with the requirements that apply to the Company in the performance of those obligations.

2.2. implement and use appropriate administrative, physical and technical safeguards and comply with applicable Security Rule requirements with respect to ePHI, to prevent use or disclosure of PHI other than as provided for by this BAA.

2.3. promptly report to Company any: (i) Breach of Unsecured PHI in accordance with 45 C.F.R. § 164.410 (ii) use or disclosure of PHI not provided for by this BAA of which it becomes aware in accordance with 45 C.F.R. § 164.504(e); and (iii) any Security Incident of which MongoDB becomes aware in accordance with 45 C.F.R. § 164.314(a).

2.4. ensure that any subcontractors of MongoDB that create, receive, maintain or transmit PHI on behalf of MongoDB agree, in writing, to restrictions and conditions no less stringent than those that apply to MongoDB under this BAA with respect to that PHI, including complying with the applicable Security Rule requirements with respect to ePHI.

2.5. make available its internal practices, books and records relating to the use and disclosure of PHI to the Secretary for purposes of determining compliance with the Privacy Rule.

2.6. promptly document and, after receiving a written request from Company, make available to Company, information necessary for Company to make an accounting of disclosures of PHI about an Individual, in accordance with 45 C.F.R. § 164.528.

2.7. to the extent MongoDB maintains a Designated Record Set on behalf of Company, MongoDB shall: (i) provide access promptly after receiving a written request from Company, to PHI in a Designated Record Set about an Individual, to Company, sufficient to allow Company to comply with the requirements of 45 C.F.R. § 164.524; and (ii) make available promptly after a written request by Company, PHI for amendment and incorporate any amendments to the PHI as requested by Company, all in accordance with 45 C.F.R. § 164.526.

3. RESPONSIBILITIES OF COMPANY

In addition to any other obligations set forth in the Agreement, including this BAA, Company shall:

3.1. provide to MongoDB only the minimum PHI necessary to accomplish the Services.

3.2. in the event that the Company (or, if Company is a Business Associate to a third-party Covered Entity, that Covered Entity) honors a request to restrict the use or disclosure of PHI pursuant to 45 C.F.R. § 164.522(a) or makes revisions to its notice of privacy practices in accordance with 45 C.F.R. § 164.520 that increase the limitations on uses or disclosures of PHI or agrees to a request by an Individual for confidential communications under 45 C.F.R. § 164.522(b), not provide MongoDB any PHI that is subject to any of those restrictions or limitations to the extent any may limit MongoDB’s ability to use and/or disclose PHI as permitted or required under this BAA unless Company notifies MongoDB of the restriction or limitation and MongoDB agrees in writing to honor the restriction or limitation. In addition, if those limitations or revisions materially increase MongoDB’s cost of providing services under the Agreement including this BAA, Company shall reimburse MongoDB for such increase in cost.

3.3. be responsible for using administrative, physical and technical safeguards at all times to maintain and ensure the confidentiality, privacy and security of PHI transmitted to MongoDB pursuant to the Agreement including this BAA, in accordance with the standards and requirements of HIPAA, before and during the transmission of such PHI to MongoDB.

3.4. obtain any consent or authorization that may be required by applicable federal or state laws and regulations prior to furnishing MongoDB the PHI for use and disclosure in accordance with this BAA.

If Company is a Business Associate to a third-party Covered Entity with respect to the PHI that Company provides to MongoDB, Company shall comply with all standards and requirements of HIPAA in its role as a Business Associate to that Covered Entity.

4. PERMITTED USES AND DISCLOSURES OF PHI

Unless otherwise limited in this BAA, in addition to any other uses and/or disclosures permitted or required by this BAA, MongoDB may:

4.1. make any and all uses and disclosures of PHI necessary to provide the Services to Company.

4.2. use and disclose PHI, if necessary, for proper management and administration of MongoDB or to carry out the legal responsibilities of MongoDB, provided that the disclosures are Required by Law or any third party to which MongoDB discloses PHI for those purposes provides written assurances in advance that: (i) the information will be held confidentially and used or further disclosed only for the purpose for which it was disclosed to the third party or as Required by Law; and (ii) the third party promptly will notify MongoDB of any instances of which it becomes aware in which the confidentiality of the information has been breached.

5. TERM AND TERMINATION

5.1. Term. The term of this BAA shall commence as of the Effective Time, and shall terminate without any further action upon the termination or expiration of the Agreement, unless earlier terminated in accordance with Section 5.2 of this BAA.

5.2. Termination. If either Party knows of a pattern of activity or practice of the other Party that constitutes a material breach or violation of this BAA then the non-breaching Party shall provide written notice of the breach or violation to the other Party that specifies the nature of the breach or violation. The breaching Party must cure the breach or end the violation on or before thirty (30) days after receipt of the written notice. In the absence of a cure reasonably satisfactory to the non-breaching Party within the specified timeframe or in the event the breach is reasonably incapable of cure, then the non-breaching Party may terminate this BAA.

5.3. Effect of Termination or Expiration. Within sixty (60) days after the expiration or termination for any reason of this BAA, MongoDB shall return or destroy all PHI, if feasible to do so, including all PHI in possession of MongoDB’s subcontractors. In the event that MongoDB determines that return or destruction of the PHI is not feasible, MongoDB may retain the PHI subject to this Section 5.3. Under any circumstances, MongoDB shall extend any and all protections, limitations and restrictions contained in this BAA to MongoDB’s use and/or disclosure of any PHI retained after the expiration or termination of this BAA, and shall limit any further uses and/or disclosures solely to the purposes that make return or destruction of the PHI infeasible.

6. MISCELLANEOUS

6.1. Construction of Terms. The terms of this BAA to the extent they are unclear shall be construed to allow for compliance by Company and MongoDB with HIPAA.

6.2 Survival. Sections 5.3, 6.1, 6.2, 6.3, 6.4 and 6.5 shall survive the expiration or termination for any reason of the Agreement and/or this BAA.

6.3. Indemnification. Subject to Section 9 (Limitation of Liability) of the Agreement, each Party ("Indemnifying Party") will indemnify and hold harmless the other Party ("Other Party") against any third party claims, including losses, liabilities, penalties, fines, costs, damages and expenses the Other Party incurs, including reasonable attorneys’ fees, which arise out of: (i) the Indemnifying Party’s or the Indemnifying Party’s vendors’ gross negligence or willful misconduct in the performance of the Indemnifying Party’s or the Indemnifying Party’s vendors’, subcontractors’ or representatives’ obligations under this BAA; or (ii) the Indemnifying Party’s material breach of this BAA, all as determined by a court or other tribunal having jurisdiction over the matter. Each Party shall provide the other with prompt notice of any claim that may trigger the foregoing indemnification requirements. Upon demand by the Other Party, the Indemnifying Party shall defend any investigation, claim, litigation or other proceeding brought or threatened against the Indemnified Party, at the Indemnifying Party's expense, by counsel acceptable to the Indemnified Party. Neither Party shall enter into any settlement without the written consent of the other Party.

6.4. No Third Party Beneficiaries. Nothing in this BAA shall confer upon any person other than the Parties and their respective successors or assigns, any rights, remedies, obligations or liabilities whatsoever.

6.5. Governing Law. This BAA will be governed by and construed in accordance with the laws of the State of New York (excluding its choice of law rules).

6.6. Counterparts. This BAA may be executed in counterparts, each of which will constitute an original and all of which will be one and the same document.

6.7. Independent Contractor. MongoDB and Company are and shall remain independent contractors throughout the term. Nothing in this BAA or otherwise in the Agreement shall be construed to constitute MongoDB and Company as partners, joint venturers, agents or anything other than independent contractors.