Docker Terms of Use for Website and Services

SERIOUS
DATED 2026-08-26 · VERSION 20260827_rev01 · FIRST CAPTURED VERSION

What changed, in plain language

Docker's August 26, 2026 update is a substantial rewrite, not a cleanup. Anything you type into Docker's AI assistant (now named "Gordon") is now officially "User Content," which means Docker's content license covers your prompts. Docker also dropped its promise to hand you its rights in AI output, added a flat statement that it has no liability at all for AI output, and narrowed your right to use the Services to "internal purposes" with only a limited right to pass Docker Hub images along inside your own software. New vague rules (no "excessive" data transfer "as determined by Docker," no "objectionable" content) give Docker more room to cut you off. The arbitration section was rewritten: some parts are better for you (consumer arbitration rules, hearings near your home, Docker pays the arbitration fees and its own lawyers), but the arbitrator now decides whether the arbitration clause itself is valid, the jury-trial waiver is spelled out, and the arbitrator's power to order relief was cut back. Docker also added a clause saying it owns improvements to its Services "regardless of authorship."

Changes that may affect you

Docker dropped its promise to give you its rights in AI outputMATERIAL
OTHER

The old version said Docker would assign to you any rights it might hold in output created for you. That promise was deleted. Now the terms only say you keep your rights "as between Docker and you" and add "subject to Section 18" — and Section 18 is the arbitration section, so it's unclear what the limit actually is. Combined with the new clause saying Docker owns its Services and improvements, your claim to AI-generated output is weaker than before.

“(a) as between Docker and you, subject to Section 18, you retain all rights in the inputs you provide to AI Features and the Output generated specifically for you in response to your inputs”

What you can do — If you plan to build a commercial product on Docker's AI output, ask Docker Legal (Legal@docker.com) in writing to confirm who owns that output.

Docker claims ownership of improvements "regardless of authorship"MATERIAL
CONTENT LICENSE

A brand-new clause says Docker alone owns the Services and Docker Content, including any improvements, changes, or enhancements to them, no matter who created them. If you improve or extend something Docker owns, this says the result is Docker's, not yours.

“Docker reserves and you acknowledge and agree that, as between Docker and you, Docker solely owns all right, title, and interest in and to the Services and Docker Content (including, in each case, any improvements, modifications, and enhancements thereto, regardless of authorship)”
Your right to use the Services was narrowed to "internal purposes"MATERIAL
USER OBLIGATIONS

You used to get a license to use the Services "for lawful purposes." Now it's only for internal purposes. You may still hand Docker Hub images to other people for free, but only bundled inside your own software product — never on their own. So mirroring images, reselling access, or redistributing images as a standalone offering now breaks the terms.

“non-transferable right to access and use the Services (and, for Unauthenticated Users, to access Docker Hub and download Docker Images under Free Hub Access) for internal purposes.”

What you can do — If you mirror or redistribute Docker Hub images outside your own product, check whether that still fits — and get written permission from Docker if it doesn't.

Docker now says it owes you nothing at all for AI outputSERIOUS
LIABILITY LIMITS

New wording says Docker has no liability or responsibility whatsoever for your use of AI output, and that this beats anything else in the agreement. So if the AI hands you broken or infringing code and it costs you money, you have no claim against Docker — not even the small $100-or-fees-paid floor that applies elsewhere in the document.

“NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, DOCKER WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR YOUR USE OF OUTPUT.”

What you can do — Test and review any AI-generated code or config yourself before you ship it, and don't count on Docker to cover losses if it's wrong.

Your AI prompts now fall under the content license you give DockerMATERIAL
CONTENT LICENSE

Prompts, queries, and inputs are now spelled out as "User Content." That matters because you already grant Docker a worldwide, royalty-free license to host, copy, publish, display, and distribute User Content in order to run, secure, and "improve" the Services. So whatever you type into Docker's AI assistant is covered by that license.

“including prompts, queries, or inputs, but excluding Docker IP.”

What you can do — Keep secrets, credentials, and confidential work out of Docker's AI features (Gordon) — assume anything you type there can be stored and used to improve the product.

New vague rules Docker alone gets to interpretMATERIAL
USER OBLIGATIONS

You now must not transfer "excessive amounts of data," with Docker deciding what counts as excessive, and must not post "objectionable" content — neither has a definition or a stated limit. Breaking any rule in this section can get your account suspended or terminated. A new ban also stops you from renting, lending, sublicensing, or otherwise handing the Services to anyone else.

“Transfer excessive amounts of data while using the Services, as determined by Docker.”

What you can do — If you run heavy automated pulls or high-volume traffic, check the posted rate limits at docs.docker.com/docker-hub/download-rate-limit/ and stay inside them.

The arbitrator, not a judge, now decides if arbitration appliesMATERIAL
FORCED ARBITRATION

A new sentence hands the arbitrator exclusive power to decide whether the arbitration clause is valid and how far it stretches. That makes it much harder to argue in court that you shouldn't have to arbitrate. The rewrite also spells out plainly that you're giving up a jury trial. Arbitration and the class-action waiver were already in the old version, so this is a tightening rather than a brand-new restriction — and other parts of the rewrite (consumer rules, hearings near your home, Docker paying arbitration fees) do work in your favor.

“The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.”

What you can do — There's no opt-out offered. For smaller claims, you can still use small claims court instead of arbitration — that exception was kept.

An arbitrator can no longer order every remedy a court couldMATERIAL
LIABILITY LIMITS

The old text let the arbitrator award anything a court of law or equity could award, including any kind of injunction. Now the arbitrator can only order relief for you as an individual, and only as much as your own claim needs. If you want an order that protects the public, you must go to court — and that court case is frozen until your individual arbitration is over.

“may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim”
You must follow rules set by outside AI providersMINOR
USER OBLIGATIONS

You now agree to comply with the acceptable use policy of every third-party company that powers Docker's AI features. Those policies aren't linked here and can change without Docker changing these terms — you're only promised they'll be "made available" to you.

“We use third parties to provide the AI Features. You will comply with the acceptable use policy from each applicable provider, as made available by Docker to you.”

What you can do — Ask Docker Support which AI providers are used and where their acceptable use policies are posted before relying on AI features at work.

Outside companies power Docker's AI featuresMINOR
DATA SHARING

The terms now confirm that third parties provide the AI features, which means what you type into the AI assistant is handled by companies other than Docker. The terms don't name those companies or say what they may do with your prompts.

“We use third parties to provide the AI Features.”

What you can do — Treat anything you enter into Docker's AI assistant as shared with an outside vendor; check Docker's privacy policy for details on how prompt data is handled.

Broken section references make the rules harder to pin downMINOR
OTHER

The renumbering left stale pointers behind. The dispute section is numbered 18 but refers to itself as "Section 15," the AI ownership rule points to "Section 18" when it seems to mean the new Docker ownership clause, and the Docker Hub section still lists old numbers for the disclaimers, liability, and arbitration sections. This kind of confusion works against you when you're trying to figure out what you actually agreed to.

“As limited exceptions to Section 15(a) above”

Changelog

  1. ± CHANGEDNew effective date

    The terms took effect August 26, 2026, replacing the June 24, 2026 version.

    Effective as of: June 24, 2026

    Effective as of: August 26, 2026

  2. ± CHANGEDSections renumbered, but some cross-references were not updated

    The odd lettered sections (4A, 5A, 6A) were folded into normal numbering, so most sections shifted. However, the arbitration section is numbered 18 while its own text still points to "Section 15(a)," "15(b)," and "15(f)," and the Docker Hub section still points to old numbers like "5A (High-Risk Use)" and "16 (Dispute Resolution)." These stale pointers make the rules harder to follow.

    **4A. Docker Hub Access Without Account (Unauthenticated Users)**

    As limited exceptions to Section 15(a) above

  3. ± CHANGEDAI assistant named "Gordon"; separate AI terms no longer folded in

    The definition of AI Features now points to "Gordon," Docker's AI assistant, instead of the separate Docker AI Supplemental Terms. Those supplemental terms are no longer pulled into this agreement and were removed from the list of related documents at the end.

    **Supplemental AI Terms.** Certain Services incorporate AI Features. Use of AI Features is also governed by the Docker AI Supplemental Terms (https://www.docker.com/legal/docker-ai-supplemental-terms/), incorporated by reference.

    means Docker's AI-powered assistant which helps developers automate and optimize container workflows upon appropriate user control.

  4. ± CHANGEDYour AI prompts are now officially "User Content"

    The definition of User Content now spells out that prompts, queries, and inputs count as your content — which means the license you give Docker over User Content now clearly covers everything you type into its AI features. It also carves out "Docker IP," a new term defined at the end of the document.

    (for example, repository content, images, descriptions, and metadata).

    including prompts, queries, or inputs, but excluding Docker IP.

  5. ± CHANGEDUse of the Services limited to "internal purposes"

    Before, you could use the Services "for lawful purposes." Now use is limited to internal purposes, with one carve-out: you may pass Docker Hub images to others for free only when they are bundled inside your own software product, never on their own.

    non-transferable right to access and use the Services (and, for Unauthenticated Users, to access Docker Hub and download Docker Images under Free Hub Access) for lawful purposes.

    users may redistribute Docker Images made available in Docker Hub at no cost, to third parties but solely when bundled with or incorporated into its own software products, and not on a standalone basis

  6. + ADDEDNew things you are not allowed to do

    Added bans on transferring "excessive amounts of data" (as Docker alone decides), posting content that is "hateful, harassing, fraudulent, violent, obscene, objectionable," spreading viruses or bugs, and handing the Services off to anyone else by sale, rental, loan, or sublicense.

    Transfer excessive amounts of data while using the Services, as determined by Docker.

  7. + ADDEDYou must follow outside AI providers' rules too

    Docker now says outside companies power its AI features, and you agree to follow each of those providers' acceptable use policies.

    We use third parties to provide the AI Features. You will comply with the acceptable use policy from each applicable provider, as made available by Docker to you.

  8. ± CHANGEDWeaker ownership promise for AI output

    The old version said Docker would hand over (assign) to you whatever rights it might have in output made for you. That promise is gone. The new text just says you keep your rights "as between Docker and you," and makes it "subject to Section 18" — a cross-reference that points to the arbitration section rather than to the new Docker ownership clause.

    (b) to the extent permitted by applicable law, Docker assigns to you any rights Docker may have in Output generated specifically for you in response to your inputs, provided that such assignment does not extend to Output generated for other users;

    (a) as between Docker and you, subject to Section 18, you retain all rights in the inputs you provide to AI Features and the Output generated specifically for you in response to your inputs

  9. + ADDEDDocker takes zero responsibility for AI output

    New all-caps language says you alone are responsible for checking AI output, and that Docker has no liability for your use of it — and that this overrides anything else in the agreement.

    NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, DOCKER WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR YOUR USE OF OUTPUT.

  10. + ADDEDYou can't pass AI output off as human-made or Docker-approved

    A new sentence bars you from claiming AI output was written by a person or backed by Docker or its subcontractors.

    You will not represent that Output is human generated or approved or endorsed by Docker or its subcontractors.

  11. ± CHANGEDArbitration rewritten — several changes favor you

    Arbitration now runs under the AAA's Consumer rules instead of Commercial rules, hearings happen in the county where you live, Docker pays the filing and arbitrator fees it owes and won't try to recover them unless your claim is frivolous, and Docker won't chase you for its lawyer fees if it wins. If the class-action waiver is ever struck down, the whole dispute section is voided, which would put disputes back in court.

    The arbitration shall be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, and governed by the Federal Arbitration Act and federal arbitration law.

    Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location.

  12. + ADDEDThe arbitrator now decides whether arbitration itself applies

    A new sentence gives the arbitrator — not a judge — the exclusive power to rule on whether the arbitration clause is valid and how far it reaches. The agreement also now spells out that you give up your right to a jury trial.

    The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

  13. ± CHANGEDArbitrator's power to order relief was cut back

    The old text let the arbitrator grant any remedy a court could. Now the arbitrator can order declaratory or injunctive relief only for you personally and only as far as your own claim requires. Relief meant to protect the wider public has to go to court, and that court case is put on hold until your individual arbitration finishes.

    the arbitrator is empowered to grant all remedies and whatever relief that a party would be entitled to in a court of law or equity under applicable law, including, without limitation, declaratory or injunctive relief of any nature.

    may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim

  14. + ADDEDNew clause: Docker owns improvements "regardless of authorship"

    A new Reservation of Rights paragraph says Docker owns everything in its Services and Docker Content, including any improvements, changes, or enhancements — no matter who made them. This creates the new term "Docker IP," which is now carved out of your User Content.

    Docker reserves and you acknowledge and agree that, as between Docker and you, Docker solely owns all right, title, and interest in and to the Services and Docker Content (including, in each case, any improvements, modifications, and enhancements thereto, regardless of authorship)

  15. ± CHANGEDAssignment and subscription wording tightened

    Any attempt to hand off the agreement without Docker's consent is now void, and the agreement binds each side's successors. The products section changed from subscriptions being "primarily" governed by the Subscription Service Agreement to simply governed by it, except where these terms say otherwise.

    Docker products and subscription offerings are primarily governed by the SSA and applicable order forms or other written agreements.

    Any attempt to assign these Terms without such consent will be void.

  16. ± CHANGEDCleanup: typos, formatting, definition order, links

    Definitions were put in alphabetical order, a duplicated phrase in the warranty disclaimer was fixed, "Feedback" was given a proper definition label, the docker.com address was added to the opening paragraph, and appendix links were reformatted. No effect on your rights.

    THE SERVICES, AND DOCKER CONTENT DOCKER HUB, DOCKER IMAGES, AND DOCKER CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE."

    THE SERVICES, AND DOCKER CONTENT, DOCKER HUB, AND DOCKER IMAGES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

Full text changes

COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED

11## Docker Terms of Use for Website and Services
22
3Effective as of: June 24, 2026
3Effective as of: August 26, 2026
44
55Your Agreement with Docker
66
7These Docker Terms of Use (the "Terms") govern your access to and use of the Docker Website and the related Services. These Terms also govern anonymous and unauthenticated access to Docker Hub, including the download of Docker Images made available without requiring a Docker Account. By accessing Docker Hub or downloading any Docker Image without an Account, you are accessing the "Free Hub Access" tier governed by these Terms.
7These Docker Terms of Use (the "Terms") govern your access to and use of the Docker website available at [docker.com](http://docker.com/) and the related Services. These Terms also govern anonymous and unauthenticated access to Docker Hub, including the download of Docker Images made available without requiring an Account. By accessing Docker Hub or downloading any Docker Image without an Account, you are accessing the "Free Hub Access" tier governed by these Terms.
88
99By accessing or using the Services, including by downloading any Docker Image from Docker Hub without creating an Account, you agree to be bound by these Terms. If you do not agree, do not use the Services.
1010
1111If you are using the Services on behalf of an entity, you represent that you have authority to bind that entity, and "you" refers to that entity.
1212
1313**Age Restrictions.** You must be at least 13 years of age to access or use the Services. If you are 13 or older but under 18 years of age (or the legal age of majority in your jurisdiction), you may only use the Services with the prior consent and supervision of a parent or legal guardian who agrees to these Terms on your behalf. By using the Services, you represent and warrant that you meet the applicable age requirements. Docker does not knowingly collect personal information from children under 13 in violation of the Children's Online Privacy Protection Act (COPPA). If Docker learns it has collected personal information from a child under 13, Docker will promptly delete such information.
1414
1515**Denied Parties.** You may not use the Services if you are listed on any U.S. Government Denied Party, Denied Person, or Specially Designated Nationals list, or if you are barred from using the Services under applicable law. Circumventing these restrictions is a breach of these Terms.
1616
1717**Order of precedence.** Certain Docker products and offerings are governed by separate terms (for example, the Docker Subscription Service Agreement ("SSA"), an order form, or another written agreement). Those terms control for those products and offerings, and in the event of conflict, they prevail over these Terms.
1818
19**Open source software.** Open source software (including Docker Engine) is made available under its applicable open source license (s). These Terms do not limit or expand any rights granted under those open source licenses. For clarity, the mere availability of open source software on Docker's websites does not make Docker responsible or liable for the content, security, or accuracy of such third-party packages.
19**Open source software.** Open source software (including Docker Engine) is made available under its applicable open source license(s). These Terms do not limit or expand any rights granted under those open source licenses. For clarity, the mere availability of open source software on Docker's websites does not make Docker responsible or liable for the content, security, or accuracy of such third-party packages.
2020
21211. **Definitions**
2222
2323For purposes of these Terms:
2424
2525**"Account"** means a Docker account (including a Docker ID) that enables access to certain Services.
2626
27**"AI Features"** means any artificial intelligence, machine learning, or generative AI capabilities made available by Docker through the Services, including Docker AI (as defined in the Docker AI Supplemental Terms) and any AI-powered assistance, recommendations, or content generation features.
27**"AI Features"** means any artificial intelligence, machine learning, or generative AI capabilities made available by Docker as part of the Services, including Gordon and any AI-powered assistance, recommendations, or content generation features.
2828
2929**"Content"** means text, data, images, software, code, documentation, or other materials.
3030
3131**"Docker Content"** means Content provided by Docker or its licensors (excluding User Content).
3232
33**"Documentation"** means technical documentation made available by Docker, including at [docs.docker.com](http://docs.docker.com/).
34
3533**"Docker Hub"** means Docker's container image registry service available at hub.docker.com, through which Docker Images and related artifacts are made available by Docker and third parties, including under free-access tiers that do not require Account registration.
3634
3735**"Docker Image"** means a container image, manifest, index, or other artifact hosted on or distributed through Docker Hub.
3836
39**"Subscription Service Agreement"** or **"SSA"** means the Docker Subscription Service Agreement as found at [https://www.docker.com/legal/docker-subscription-service-agreement/](https://www.docker.com/legal/docker-subscription-service-agreement/).
37**"Documentation"** means technical documentation made available by Docker, including at [docs.docker.com](http://docs.docker.com/).
4038
39**"Gordon"** means Docker's AI-powered assistant which helps developers automate and optimize container workflows upon appropriate user control.
40
4141**"Output"** means any content, code, text, data, or other material generated by AI Features in response to your prompts, queries, or inputs.
4242
4343**"Services"** means Docker's services and features made available through the Website, including services that require an Account and/or are subject to a fee and which are further subject to the SSA which shall supersede these Terms.
4444
45**"Subscription Service Agreement"** or **"SSA"** means the Docker Subscription Service Agreement as found at [https://www.docker.com/legal/docker-subscription-service-agreement/](https://www.docker.com/legal/docker-subscription-service-agreement/).
46
4547**"Third-Party Content"** means Content made available by third parties (including other users).
4648
4749**"Unauthenticated User"** means a person who accesses the Services, including by downloading Docker Images from Docker Hub, without creating or logging into an Account.
4850
49**"User Content"** means Content submitted, uploaded, published, transmitted, or otherwise made available by you through the Services (for example, repository content, images, descriptions, and metadata).
51**"User Content"** means Content submitted, uploaded, published, transmitted, or otherwise made available by you through the Services (for example, repository content, images, descriptions, and metadata), including prompts, queries, or inputs, but excluding Docker IP.
5052
51**"Website"** means Docker-controlled websites and web pages, including [www.docker.com,](http://www.docker.com/) docs.docker.com, app.docker.com, hub.docker.com_,_and any successor sites or subdomains that link to these Terms.
53**"Website"** means Docker-controlled websites and web pages, including [www.docker.com,](http://www.docker.com/) docs.docker.com, app.docker.com, hub.docker.com_,_ and any successor sites or subdomains that link to these Terms.
5254
53552. **Privacy and Communications**
5456
5557Docker's privacy practices are described in Docker's privacy policy and related trust resources, which are incorporated by reference into these Terms where applicable. For California residents, Docker's collection, use, and disclosure of personal information is also subject to the California Consumer Privacy Act, as amended by the California Privacy Rights Act (collectively, "CCPA"), and Docker's CCPA Notice referenced in Appendix A.
5658
5759You agree that Docker may provide notices and communications electronically (for example, email, in-product notices, or postings on the Website). You expressly consent to receive electronic communications from Docker and agree that such electronic communications satisfy any legal "in writing" requirement, to the fullest extent permitted by the Electronic Signatures in Global and
6365You must provide accurate and complete information when you register for an Account, and you agree to keep it accurate and current. By registering for an Account, you represent that you are at least 13 years of age and, if between the ages of 13 and 17, that a parent or legal guardian has consented to your use of the Services.
6466
6567You are responsible for safeguarding your credentials and for all activity under your Account. You must notify Docker promptly of any unauthorized access or use.
6668
6769**Account Deletion.** You may request deletion of your Account at any time by following the instructions at [https://www.docker.com/support/](https://www.docker.com/support/). Docker will process account deletion requests within a commercially reasonable time, subject to Docker's obligations under applicable law (including data retention obligations) and these Terms.
6870
69**4A. Docker Hub Access Without Account (Unauthenticated Users)**
714. **Docker Hub Access Without Account (Unauthenticated Users)**
7072
7173Docker Hub makes certain Docker Images and other artifacts available to Unauthenticated Users under a free-access tier that does not require Account registration ("Free Hub Access"). By accessing Docker Hub or downloading any Docker Image (including via the Docker CLI, the Docker Hub HTTP API, or any automated tool), you agree to be bound by these Terms as an Unauthenticated User.
7274
7375Free Hub Access is subject to the rate limits and usage restrictions posted at https://www.docker.com/pricing/ and https://docs.docker.com/docker-hub/download-rate-limit/ (each incorporated by reference). Docker reserves the right to modify, restrict, or discontinue Free Hub Access at any time with or without notice, subject to the change-notice obligations in Section 18.
7476
7577Unauthenticated Users are subject to all provisions of these Terms applicable to their use, including without limitation Sections 5 (License; Acceptable Use), 5A (High-Risk Use), 11 (Export Controls), 13 (Disclaimers), 14 (Limitation of Liability), 16 (Dispute Resolution), and 17 (Governing Law).
7678
774. **License; Acceptable Use; Use Restrictions**
795. **License; Acceptable Use; Use Restrictions**
7880
79Subject to these Terms, Docker grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable right to access and use the Services (and, for Unauthenticated Users, to access Docker Hub and download Docker Images under Free Hub Access) for lawful purposes.
81Subject to these Terms, Docker grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable right to access and use the Services (and, for Unauthenticated Users, to access Docker Hub and download Docker Images under Free Hub Access) for internal purposes. Notwithstanding the foregoing, users may redistribute Docker Images made available in Docker Hub at no cost, to third parties but solely when bundled with or incorporated into its own software products, and not on a standalone basis, and solely in accordance with these Terms. All third party images shall be deemed Third-Party Content subject to their corresponding terms and conditions. You agree to use the Website and Services only in a manner consistent with these Terms, the Documentation, and applicable law. You specifically agree not to, directly or indirectly:
8082
81You agree to use the Website and Services only in a manner consistent with these Terms, the Documentation, and applicable law. You specifically agree not to:
82
8383- Interfere with or disrupt the Website or Services, or attempt to bypass or defeat security or access controls.
8484- Access (or attempt to access) administrative interfaces except through interfaces provided by Docker or as expressly authorized in writing.
8585- Use automated means (agents, robots, spiders, scrapers, or similar) to access the Website or Services except as permitted by Docker (for example, through documented APIs and within published limits).
86- Train competing artificial intelligence or machine learning models without our express written consent.
87- Use the Services to distribute malware, perform unauthorized crypto mining, or engage in abusive or illegal activity.
88- Upload or publish User Content that is unlawful, infringing, malicious, deceptive, or that violates the rights of others.
86- Train competing artificial intelligence or machine learning models without our express written consent, as further described below.
87- Use the Services to distribute malware, viruses, or bugs or perform unauthorized crypto mining, or engage in abusive or illegal activity.
88- Upload or publish User Content that is unlawful, infringing, malicious, deceptive, hateful, harassing, fraudulent, violent, obscene, objectionable, or that violates the rights of others.
89- Transfer excessive amounts of data while using the Services, as determined by Docker.
8990- Upload or publish personally identifiable information, secrets, tokens, keys, credentials, or other sensitive or confidential information in violation of contractual, professional, or similar obligations.
9091- Use the Services to build, operate, or offer a product or service intended to compete with Docker's Services, or to mirror or replicate content for an unauthorized commercial service.
9192- Remove, alter, or obscure proprietary notices in the Website, Services, or Docker Content.
9293- Modify, adapt, translate, reverse-engineer, decompile, disassemble, or attempt to derive the source code for the Services, in whole or in part.
94- Distribute, license, sublicense, lease, rent, loan, or otherwise transfer the Services to any third party;
9395- Violate or disregard export controls, sanctions, and trade compliance laws (see Section 11).
9496
95**5A. High-Risk Use Warning**
97We use third parties to provide the AI Features. You will comply with the acceptable use policy from each applicable provider, as made available by Docker to you.
9698
97THE WEBSITE, SERVICES, DOCKER HUB, DOCKER IMAGES, AI FEATURES, AND OUTPUT ARE NOT DESIGNED OR CERTIFIED FOR USE IN HIGH-RISK ACTIVITIES, INCLUDING BUT NOT LIMITED TO: MEDICAL DIAGNOSIS, TREATMENT, OR PATIENT CARE; LEGAL ADVICE OR LEGAL DECISION-MAKING; FINANCIAL ADVICE, TRADING, OR INVESTMENT DECISIONS; OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT SYSTEMS, AUTONOMOUS VEHICLE CONTROL SYSTEMS, OR OTHER
996. **High-Risk Use Warning**
98100
99MISSION-CRITICAL OR SAFETY-CRITICAL SYSTEMS; OR ANY OTHER CONTEXT WHERE FAILURE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE OR ANY OTHER ACTIVITIES THAT WOULD BE DEEMED HIGH RISK UNDER APPLICABLE LAW (collectively, "High-Risk Activities"). IF YOU USE THE SERVICES, DOCKER HUB, DOCKER IMAGES, AI FEATURES, OR OUTPUT IN HIGH-RISK ACTIVITIES, YOU DO SO AT YOUR OWN RISK AND MUST IMPLEMENT APPROPRIATE HUMAN OVERSIGHT, MONITORING, AND SAFEGUARDS. DOCKER SHALL HAVE NO LIABILITY OF ANY KIND FOR CLAIMS, DAMAGES, OR LOSSES ARISING FROM ANY SUCH HIGH-RISK USE.
101THE WEBSITE, SERVICES, DOCKER HUB, DOCKER IMAGES, AI FEATURES, AND OUTPUT ARE NOT DESIGNED OR CERTIFIED FOR USE IN HIGH-RISK ACTIVITIES, INCLUDING BUT NOT LIMITED TO: MEDICAL DIAGNOSIS, TREATMENT, OR PATIENT CARE; LEGAL ADVICE OR LEGAL DECISION-MAKING; FINANCIAL ADVICE, TRADING, OR INVESTMENT DECISIONS; OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT SYSTEMS, AUTONOMOUS VEHICLE CONTROL SYSTEMS, OR OTHER MISSION-CRITICAL OR SAFETY-CRITICAL SYSTEMS; OR ANY OTHER CONTEXT WHERE FAILURE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE OR ANY OTHER ACTIVITIES THAT WOULD BE DEEMED HIGH RISK UNDER APPLICABLE LAW (collectively, "High-Risk Activities"). IF YOU USE THE SERVICES, DOCKER HUB, DOCKER IMAGES, AI FEATURES, OR OUTPUT IN HIGH-RISK ACTIVITIES, YOU DO SO AT YOUR OWN RISK AND MUST IMPLEMENT APPROPRIATE HUMAN OVERSIGHT, MONITORING, AND SAFEGUARDS. DOCKER SHALL HAVE NO LIABILITY OF ANY KIND FOR CLAIMS, DAMAGES, OR LOSSES ARISING FROM ANY SUCH HIGH-RISK USE.
100102
1015. **User Content; Moderation; Feedback**
1037. **User Content; Moderation; Feedback**
102104
103You retain ownership of your User Content. You are solely responsible for your User Content and for ensuring you have all rights necessary to submit it and grant the licenses below. You assume all risks associated with your User Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your User Content that personally identifies you or any
105You retain ownership of your User Content. You are solely responsible for your User Content and for ensuring you have all rights necessary to submit it and grant the licenses below. You assume all risks associated with your User Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party.
104106
105third party.
107By making User Content available through the Services, you grant Docker a worldwide, non-exclusive, royalty-free license to host, store, reproduce, transmit, publish, display, and distribute your User Content solely to operate, provide, secure, and improve the Services and to make your User Content available as you direct (for example, to other users for public repositories). For User Content subject to an open source license, Docker's exercise of the foregoing license is limited to the rights granted under the applicable open source license.
106108
107By making User Content available through the Services, you grant Docker a worldwide,
108
109non-exclusive, royalty-free license to host, store, reproduce, transmit, publish, display, and distribute your User Content solely to operate, provide, secure, and improve the Services and to make your User Content available as you direct (for example, to other users for public repositories). For User Content subject to an open source license, Docker's exercise of the foregoing license is limited to the rights granted under the applicable open source license.
110
111109Docker may refuse, remove, or disable access to User Content if Docker reasonably believes you or your User Content violates these Terms, applicable law, or Docker's policies, or otherwise poses risk to the Services or others.
112110
113**Feedback.** If you submit feedback, suggestions, or ideas, you grant Docker a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate them without restriction or compensation. Docker will treat Feedback as non-confidential. Do not submit Feedback that you consider confidential or proprietary.
111**Feedback.** If you submit feedback, suggestions, or ideas (collectively, "**Feedback**"), you grant Docker a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate them without restriction or compensation. Docker will treat Feedback as non-confidential. Do not submit Feedback that you consider confidential or proprietary.
114112
115**6A. AI Features and AI-Generated Output**
1138. **AI Features and AI-Generated Output**
116114
117**Supplemental AI Terms.** Certain Services incorporate AI Features. Use of AI Features is also governed by the Docker AI Supplemental Terms (https://www.docker.com/legal/docker-ai-supplemental-terms/), incorporated by reference. In the event of conflict between this Section 6A and the Docker AI Supplemental Terms, the Docker AI Supplemental Terms control.
115**AI Output: Nature and Limitations.** You understand and agree that: (a) Output may not always be accurate, complete, current, or suitable for your purpose; (b) Output may not be unique, other users may receive similar or identical Output; (c) Output may reflect biases present in training data; (d) you should not rely on Output as a sole source of factual information or as a substitute for professional advice (legal, medical, financial, security, or otherwise); (e) you must independently evaluate Output for accuracy and appropriateness before use or distribution; (f) Output is generated automatically without direct control of Docker and (g) Output referencing third-party products, services, or persons does not indicate endorsement or affiliation. Output does not represent Docker's views. YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR EVALUATING AND INDEPENDENTLY VERIFYING ALL OUTPUT BEFORE RELYING ON IT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, DOCKER WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR YOUR USE OF OUTPUT.
118116
119**AI Output: Nature and Limitations.** You understand and agree that: (a) Output may not always be accurate, complete, current, or suitable for your purpose; (b) Output may not be unique, other users may receive similar or identical Output; (c) Output may reflect biases present in training data; (d) you should not rely on Output as a sole source of factual information or as a substitute for professional advice (legal, medical, financial, security, or otherwise); (e) you must independently evaluate Output for accuracy and appropriateness before use or distribution; (f) Output is generated automatically without direct control of Docker and (g) Output referencing third-party products, services, or persons does not indicate endorsement or affiliation.
117**AI Output Ownership.** Subject to applicable law and these Terms: (a) as between Docker and you, subject to Section 18, you retain all rights in the inputs you provide to AI Features and the Output generated specifically for you in response to your inputs; and (c) your use of Output is subject to all applicable laws, including copyright, defamation, privacy, and export control laws. Docker makes no warranty that Output is free of third-party intellectual property claims. You will not represent that Output is human generated or approved or endorsed by Docker or its subcontractors.
120118
121**AI Output Ownership.** Subject to applicable law and these Terms: (a) you retain all rights in the inputs you provide to AI Features; (b) to the extent permitted by applicable law, Docker assigns to you any rights Docker may have in Output generated specifically for you in response to your inputs, provided that such assignment does not extend to Output generated for other users; and (c) your use of Output is subject to all applicable laws, including copyright, defamation, privacy, and export control laws. Docker makes no warranty that Output is free of third-party intellectual property claims.
122
123119**No Training Competitors.** You may not use AI Features, Output, or any outputs derived from the Services to develop, train, fine-tune, benchmark, or improve any artificial intelligence or machine learning model or service that competes with Docker's AI Features or Services, without Docker's express prior written consent.
124120
1256. **Copyright Policy (DMCA)**
1219. **Copyright Policy (DMCA)**
126122
127123Docker complies with the Digital Millennium Copyright Act (DMCA) and will remove User Content upon receipt of a compliant takedown notice.
128124
129125If you believe your copyrighted work has been copied in a way that constitutes infringement and is accessible via the Services, you may send a DMCA notice to Docker's designated copyright agent. Pursuant to 17 U.S.C. Sec. 512(c)(3), a compliant DMCA notice must include, in writing:
130126
131127- A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
141137- Email: [dmca@docker.com](mailto:dmca@docker.com)
142138
143139For clarity, only DMCA notices should be sent to the copyright agent address. Other requests should be directed to Docker Support.
144140
145141**Counter-Notification Procedure.** If you believe that material you submitted was removed or disabled in error, you may submit a written counter-notification to Docker's copyright agent that includes: (a) your physical or electronic signature; (b) identification of the removed material and its location before removal; (c) a statement under penalty of perjury that you have a good faith belief the material was removed due to mistake or misidentification; (d) your name, address, and email address; and (e) a statement that you consent to the jurisdiction of the federal district court for your judicial district (or, if outside the United States, the U.S. District Court for the Northern District of California), and that you will accept service of process from the original complainant. Upon receipt of a valid counter-notification, Docker may restore the removed material within 10-14 business days unless the original complainant files a court action. Pursuant to 17 U.S.C. Sec. 512(f), any person who knowingly misrepresents that material is infringing or that material was removed in error is liable for resulting damages.
146142
1477. **Trademarks; Usernames; Branding**
14310. **Trademarks; Usernames; Branding**
148144
149145Docker's trademarks, logos, and brand features are valuable assets. You may not use Docker's marks in a way that implies sponsorship, endorsement, or affiliation without permission.
150146
151147Docker may reclaim Account names or usernames (including on behalf of businesses or individuals that hold legal claims or trademarks to those usernames) and may suspend Accounts that use misleading business names or logos.
152148
153149You may not engage in username squatting or buy or sell usernames.
154150
155151Your use of Docker marks is subject to Docker's trademark guidelines (incorporated by reference where applicable).
156152
157153Docker may identify you as a Docker user in its promotional materials. By using the Services, you grant Docker permission to use your trade names, trademarks, service marks, logos, and domain names in Docker's marketing materials, customer lists, financial reports, and website listings for the purpose of publicizing your use of the Services. Docker will promptly cease upon your request to [customer\_marketing@docker.com](mailto:customer_marketing@docker.com).
158154
1598. **Products, Subscriptions, and Open Source (SSA and Docker Engine)**
15511. **Products, Subscriptions, and Open Source (SSA and Docker Engine)**
160156
161Docker products and subscription offerings are primarily governed by the SSA and applicable order forms or other written agreements.
157Docker products and subscription offerings are governed by the SSA and applicable order forms or other written agreements, except as expressly set forth herein.
162158
163159Docker Desktop is licensed under the SSA, and you are asked to accept the SSA when you download and install Docker Desktop.
164160
165161Docker Engine is described in Docker's Documentation as an open source containerization technology. The Documentation identifies its licensing (including reference to the Apache License, Version 2.0, and the relevant license file).
166162
167163If you obtain Docker Engine via Docker Desktop, licensing and commercial use requirements are addressed in the SSA and related Documentation. If you obtain Docker Engine independently, your rights and obligations are governed by the applicable open source license(s).
168164
1699. **Third-Party Services and Content**
16512. **Third-Party Services and Content**
170166
171The Website or Services may enable access to third-party services, software, content, or integrations. Docker does not control and is not responsible for third-party offerings, and your use of them is governed by the applicable third-party terms.
167The Website or Services may enable access to third-party services, software, or integrations or other Third-Party Content. Docker does not control and is not responsible for any of the foregoing, and your use of any third-party offerings is governed by the applicable third-party terms.
172168
173169Links to third-party sites are provided for convenience and do not imply endorsement or represent a warranty of any kind.
174170
17510. **Export Controls and Sanctions**
17113. **Export Controls and Sanctions**
176172
177You understand that the Website and the Service are subject to United States export controls administered by the U.S. Department of Commerce and the United States Department of Treasury Office of Foreign Assets Control. You acknowledge and agree that the Website and Services and any User Content or Third Party Content accessed by you shall not be used, transferred or otherwise exported or re-exported to countries as to which the United States, maintains an embargo (collectively, "Embargoed Countries"), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury's List of Specially Designated Nationals or the U.S. Department of Commerce's Entity List, Denied Persons List, or Unverified List, or the U.S. Department of State's Nonproliferation Sanctions list (collectively, "Designated Nationals"). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Services, including without limitation by uploading or accessing any User Content or Third Party Content, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining United States government export licenses to export or re-export as may be required. You will defend, indemnify, and hold harmless Docker and its suppliers and licensors from and against any violation of such laws or regulations by you or any of your agents, officers, directors or employees.
173You understand that the Website and the Service are subject to United States export controls administered by the U.S. Department of Commerce and the United States Department of Treasury Office of Foreign Assets Control. You acknowledge and agree that the Website and Services and any User Content or Third Party Content accessed by you shall not be used, transferred or otherwise exported or re-exported to countries as to which the United States maintains an embargo (collectively, "**Embargoed Countries**"), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury's List of Specially Designated Nationals or the U.S. Department of Commerce's Entity List, Denied Persons List, or Unverified List, or the U.S. Department of State's Nonproliferation Sanctions list (collectively, "**Designated Nationals**"). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Services, including without limitation by uploading or accessing any User Content or Third Party Content, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining United States government export licenses to export or re-export as may be required. You will defend, indemnify, and hold harmless Docker and its suppliers and licensors from and against any violation of such laws or regulations by you or any of your agents, officers, directors or employees.
178174
17911. **Suspension and Termination**
17514. **Suspension and Termination**
180176
181177Docker may suspend or terminate your access to the Website or Services, or terminate these Terms, if Docker reasonably believes you have violated these Terms, used the Website or Services unlawfully, or created risk for Docker or others. Except where Docker reasonably determines that immediate suspension is necessary to prevent harm to Docker, its users, or third parties, Docker will provide you with reasonable prior written notice (which may be provided electronically) and, where the basis for termination is a curable breach, a reasonable opportunity to cure before termination takes effect.
182178
183179You may stop using the Website and Services at any time. Certain provisions survive termination, including those relating to intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution.
184180
185Docker may make changes, updates or enhancements to the Services at any time. Docker may also add or remove functionalities or features, or we may suspend or stop the Services altogether.
181Docker may make changes, updates, or enhancements to the Services at any time. Docker may also add or remove functionalities or features, or we may suspend or stop the Services altogether.
186182
18712. **Disclaimers**
18315. **Disclaimers**
188184
189THE SERVICES, AND DOCKER CONTENT DOCKER HUB, DOCKER IMAGES, AND DOCKER CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOCKER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, ACCURACY, TITLE, AND NON-INFRINGEMENT.
185THE SERVICES, AND DOCKER CONTENT, DOCKER HUB, AND DOCKER IMAGES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOCKER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, ACCURACY, TITLE, AND NON-INFRINGEMENT.
190186
191187DOCKER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY CONTENT WILL BE ACCURATE OR RELIABLE. DOCKER SPECIFICALLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO AI FEATURES AND OUTPUT, INCLUDING ANY IMPLIED WARRANTY THAT OUTPUT IS ACCURATE, COMPLETE, CURRENT, NON-INFRINGING, OR FIT FOR ANY PARTICULAR PURPOSE. OUTPUT IS GENERATED BY MACHINE LEARNING MODELS AND MAY CONTAIN ERRORS, OMISSIONS, OR CONTENT THAT DOES NOT REFLECT DOCKER'S VIEWS. DOCKER DOES NOT WARRANT THAT DOCKER IMAGES AVAILABLE ON DOCKER HUB (WHETHER FROM DOCKER OR THIRD PARTIES) ARE FREE FROM SECURITY VULNERABILITIES, MALWARE, OR OTHER HARMFUL COMPONENTS. YOU ARE SOLELY RESPONSIBLE FOR SCANNING AND EVALUATING ANY DOCKER IMAGE BEFORE DEPLOYMENT IN ANY ENVIRONMENT.
192188
19313. **Limitation of Liability**
18916. **Limitation of Liability**
194190
195191TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL DOCKER OR ITS AFFILIATES, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE WEBSITE OR SERVICES.
196192
197TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOCKER'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO DOCKER FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR ONE HUNDRED DOLLARS ($100) WHICHEVER IS GREATER.
193TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOCKER'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO DOCKER FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
198194
199195DOCKER AND YOU ACKNOWLEDGE THAT THE LIABILITY LIMITATIONS AND DISCLAIMER OF WARRANTIES SET FORTH IN THESE TERMS REFLECT A REASONABLE ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THEM, WITHOUT WHICH DOCKER WOULD NOT PROVIDE THE WEBSITE, SERVICES, DOCKER HUB, OR FREE-ACCESS DOCKER IMAGES TO YOU. THESE LIMITATIONS APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
200196
201197IF A COURT OR ARBITRATOR OF COMPETENT JURISDICTION DETERMINES THAT THE FOREGOING LIMITATION OF LIABILITY IS UNENFORCEABLE AS TO A PARTICULAR CLAIM, CAUSE OF ACTION, OR CATEGORY OF DAMAGES, SUCH LIMITATION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW AND SHALL BE DEEMED MODIFIED OR SEVERED ONLY TO THE EXTENT NECESSARY TO COMPLY WITH APPLICABLE LAW, WITHOUT AFFECTING THE ENFORCEABILITY OF THIS AGREEMENT OR THE ARBITRATION PROVISION AS A WHOLE.
202198
20314. **Indemnification**
19917. **Indemnification**
204200
205201You will defend, indemnify, and hold harmless Docker, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys' fees) arising from or related to (a) your use of the Services, (b) your User Content, or (c) your violation of these Terms or applicable law.
206202
20715. **Dispute Resolution; Arbitration; Class Action Waiver**
20318. **Dispute Resolution; Arbitration; Class Action Waiver**
208204
209205This section applies only to the extent you are not subject to a separate written agreement with Docker that provides a different dispute resolution process (for example, the SSA).
210206
211**Arbitration.** Any dispute, claim, or controversy arising out of or relating to these Terms shall be determined by binding arbitration, if not informally resolved. The arbitration shall be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, and governed by the Federal Arbitration Act and federal arbitration law. Judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
207**(a)** Mandatory Arbitration of Disputes. We each agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services (collectively, "**Disputes**") will be resolved **solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding**. You and Docker agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Docker are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
212208
213**Class action waiver.** YOU AND DOCKER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. . Further, the arbitrator may not consolidate another person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator is bound by these Terms to the extent they modify the AAA Rules. As a result, the arbitrator shall have no power or authority to preside over, certify, adjudicate, or determine any form of class or collective action and further shall have no power or authority to consolidate or join any claim or dispute between any other party and us with your claim. Except as provided for in this paragraph, the arbitrator is empowered to grant all remedies and whatever relief that a party would be entitled to in a court of law or equity under applicable law, including, without limitation, declaratory or injunctive relief of any nature.
209**(b)** Exceptions. As limited exceptions to Section 15(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
214210
215Notwithstanding the above, Docker may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. Additionally, either party may seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
211**(c)** Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association ("**AAA**") under its Consumer Arbitration Rules (the "**AAA Rules**") then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
216212
21716. **Governing Law; Venue**
213Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
218214
215**(d)** Arbitration Costs. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, and we won't seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we'll pay all of our attorneys' fees and costs and won't seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses to the extent provided under applicable law.
216
217**(e)** Injunctive and Declaratory Relief. Except as provided in Section 15(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
218
219**(f)** Class Action Waiver. **YOU AND DOCKER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.** Further, if the parties' Dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
220
221**(g)** Severability. With the exception of any of the provisions in Section 15(f) of these Terms ("**Class Action Waiver**"), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
222
22319. **Governing Law; Venue**
224
219225Except as provided in the SSA or another controlling written agreement, these Terms are governed by the laws of the State of California, without regard to conflict of laws rules. Where arbitration does not apply or is found unenforceable, the state and federal courts located in Santa Clara County, California will have exclusive jurisdiction.
220226
22117. **Changes to These Terms**
22720. **Changes to These Terms**
222228
223229Docker may update these Terms from time to time by posting the updated version on the Website and, where required by law or where appropriate, providing additional notice. Your continued use of the Website or Services after the effective date of an update constitutes acceptance of the updated Terms.
224230
22518. **Miscellaneous; Contact**
23121. **Miscellaneous; Contact**
226232
233**Reservation of Rights.** Subject to the limited rights expressly granted hereunder, Docker reserves and you acknowledge and agree that, as between Docker and you, Docker solely owns all right, title, and interest in and to the Services and Docker Content (including, in each case, any improvements, modifications, and enhancements thereto, regardless of authorship) (collectively, "**Docker IP**").
234
227235**Entire Agreement.** These Terms (together with any terms incorporated by reference) constitute the entire agreement between you and Docker regarding your use of the Services covered by these Terms, excluding offerings governed by a separate written agreement.
228236
229**Assignment.** You may not assign these Terms without Docker's prior written consent. Docker may assign these Terms to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of substantially all assets.
237**Assignment.** You may not assign these Terms without Docker's prior written consent. Docker may assign these Terms to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of substantially all assets. Any attempt to assign these Terms without such consent will be void. Subject to the foregoing, these Terms are binding upon and will inure to the benefit of each of the parties and their respective successors and permitted assigns.
230238
231239**Severability.** If any provision is held unenforceable, the remaining provisions remain in effect.
232240
233241**Contact.** Legal notices may be sent to Docker, Inc., 3790 El Camino Real Suite 1052, Palo Alto, CA 94306-3314, Attn: Legal Department, with an email copy to [Legal@docker.com.](mailto:Legal@docker.com)
234242
235243**No Waiver.** Docker's failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Docker to be effective.
247255- Docker Subscription Service Agreement (SSA): [https://www.docker.com/legal/docker-subscription-service-agreement/](https://www.docker.com/legal/docker-subscription-service-agreement/)
248256- Docker Privacy Policy: [https://www.docker.com/legal/docker-privacy-policy/](https://www.docker.com/legal/docker-privacy-policy/)
249257- Data Processing Agreement (DPA): [https://www.docker.com/static/Data\_Processing\_Agreement.pdf](https://www.docker.com/static/Data_Processing_Agreement.pdf)
250258- Docker Support Service Level Agreement & Terms: [https://www.docker.com/support/](https://www.docker.com/support/)
251259- Docker Trademark Guidelines: [https://www.docker.com/legal/trademark-guidelines/](https://www.docker.com/legal/trademark-guidelines/)
252260- Docker Extensions Marketplace Developer Agreement (if you publish extensions): [https://www.docker.com/legal/extensions\_marketplace\_developer\_agreement/](https://www.docker.com/legal/extensions_marketplace_developer_agreement/)
253- Docker AI supplemental terms (if you use applicable AI features): [https://www.docker.com/legal/docker-ai-supplemental-terms/](https://www.docker.com/legal/docker-ai-supplemental-terms/)
254261- Vulnerability Disclosure Policy: [https://www.docker.com/trust/vulnerability-disclosure-policy](https://www.docker.com/trust/vulnerability-disclosure-policy)
255262- Docker Engine documentation (open source): [https://docs.docker.com/engine/](https://docs.docker.com/engine/)
256- Docker Hub Usage Policies and Rate Limits: https://www.docker.com/pricing/ and https://docs.docker.com/docker-hub/download-rate-limit/
257- Docker CCPA Notice (California Residents): https://www.docker.com/legal/docker-privacy-policy/ (see California-specific section)
263- Docker Hub Usage Policies and Rate Limits: [Pricing | Docker](https://www.docker.com/pricing/) and [Docker Hub usage and limits](https://docs.docker.com/docker-hub/download-rate-limit/)
264- Docker CCPA Notice (California Residents): [Privacy Policy - Docker](https://www.docker.com/legal/docker-privacy-policy/) (see California-specific section)