Census

Summary

The provided diff does not include the actual contractual language. It only states:

> “Added approximately 3985 words to the document”

Accordingly, it is not possible to identify:

• Which provisions were added, deleted, or replaced;
• Changes to customer rights or provider obligations;
• New liability, confidentiality, security, or indemnity risks;
• Changes to data ownership, licensing, retention, or disclosure; or
• Whether customer data may be used to train, fine-tune, evaluate, or improve AI models.

AI Training and Data Use

No substantive language addressing AI model training or the use of customer data is included in the supplied diff. The statement that approximately 3,985 words were added does not establish whether the new terms:

• Permit training on customer data by default or only with consent;
• Apply to prompts, inputs, outputs, usage data, or derived data;
• Allow human review or sharing with affiliates and subprocessors;
• Permit retention after contract termination;
• Grant the provider ownership or a broad license;
• Require de-identification or anonymization; or
• Provide opt-out, deletion, audit, or security protections.

Information Needed

A meaningful legal review requires the full redline or the text of the additions, deletions, and replacements. The added clauses should be provided using the stated notation, or as a comparison showing the prior and revised versions.

Summary

Scope of the Change

The diff only states that approximately 3,985 words were removed. It does not identify which provisions were deleted or provide replacement language.

AI Training and Customer Data

• No determination is possible regarding whether the agreement now permits, restricts, or prohibits using customer data to train AI models.
• The deletion may have removed provisions addressing:
• Use of customer content, personal data, or confidential information for AI training;
• Whether data is used to train general-purpose or provider-specific models;
• Customer consent or opt-out rights;
• De-identification, aggregation, or anonymization requirements;
• Human review or model-improvement activities;
• Restrictions on using prompts, outputs, files, or usage metadata;
• Data retention and deletion after termination; or
• Allocation of intellectual-property, confidentiality, and privacy responsibilities.
• Without the deleted text and any replacement provisions, it is not possible to determine whether the customer’s position has improved or worsened.

Potential Legal Risks from the Deletion

Removing nearly 4,000 words could materially affect:

• Data-use restrictions: Deleted limits may allow broader use of customer data.
• Confidentiality: Deleted confidentiality language could reduce protections for business information.
• Privacy compliance: Deleted provisions may have addressed applicable data-protection laws, security measures, or processing instructions.
• Intellectual property: Deleted ownership or license terms could create uncertainty about customer content, outputs, or model improvements.
• Security and liability: Deleted warranties, incident-notification duties, indemnities, or liability protections may shift risk to the customer.
• Termination and deletion: Deleted obligations may weaken the customer’s ability to require deletion or prevent continued use of data.
• Transparency and control: Deleted audit, notice, opt-out, or reporting rights could limit the customer’s oversight.

Required Information for a Reliable Analysis

Please provide either:

1. The full redlined text showing the deleted and added provisions; or

2. The specific deleted and replacement clauses, particularly those addressing customer data, artificial intelligence, machine learning, model training, confidentiality, privacy, security, intellectual property, and data retention.

On the current information, the only definite conclusion is that a substantial amount of contractual language was removed; the legal and AI-training effects cannot be reliably assessed.

Key Changes and Risks

1. Primarily website/navigation changes

The diff largely changes the surrounding website navigation and footer content rather than the operative Master Subscription Agreement. Notable changes include:

• Addition of links or references to:
• “Requirements for Fivetran AI”
• “Requirements for dbt labs”
• “Free Plan”
• “Acceptable Use Policy”
• “Privacy Notice,” “Cookie List,” and other privacy resources
• Changes to navigation labels, including:
• “Requirements for Fivetran HVR”
• “Requirements for Hybrid Deployment”
• “Website Terms of Use”
• “Privacy”
• Updated branding and footer information, including “Fivetran Inc.” and a 2026 copyright notice.
• Removal or relocation of certain navigation text, such as references to “Fivetran Inc.”, “Website terms of use,” and “Privacy policy.”

These changes may affect which supplemental terms are accessible through the website, but they do not, by themselves, amend the substantive agreement unless those linked documents are incorporated or otherwise made applicable.

2. No apparent change to Customer Data rights

The operative data provisions appear unchanged:

• Customer Data definition: Still includes data submitted by Customer, End Users, and authorized Third-Party Services.
• Customer ownership: Customer and its licensors continue to own Customer Data.
• Census license: Census retains a limited, non-exclusive right to use Customer Data only “as reasonably necessary” to provide the Services.
• Confidentiality: Customer Data remains classified as Customer Confidential Information.
• Data exchange: Census remains authorized to transfer, store, process, and export Customer Data through connected Third-Party Services.
• Third-party responsibility: Census disclaims responsibility for Third-Party Services’ handling, modification, or deletion of Customer Data.

3. AI model training

No express provision was added or deleted that authorizes Census/Fivetran to:

• Train, fine-tune, or improve AI models using Customer Data;
• Use Customer Data to develop generalized models;
• Retain prompts, outputs, embeddings, or derivative data for AI training; or
• Prohibit AI training using Customer Data.

The new navigation reference to “Requirements for Fivetran AI” may indicate a separate AI-specific document. That document should be reviewed because it could contain additional data-use permissions or restrictions not present in this Agreement. The Agreement’s integration of external Documentation and linked policies also creates a risk that AI-related terms may apply outside the four corners of the displayed agreement.

4. Branding and entity-name risk

The agreement continues to identify the provider as “Sutro Labs Inc. d/b/a Census,” while the website navigation and footer refer to Fivetran and Fivetran Inc. This inconsistency may create uncertainty regarding:

• The contracting entity;
• Which privacy policy and supplemental requirements apply;
• Whether Fivetran has assumed or been assigned the agreement; and
• Which entity is responsible for data protection and contractual obligations.

This should be clarified in the Order Form or through an express amendment.

Executive Summary

The diff appears to replace a Fivetran-branded legal webpage with a Census-branded Master Subscription Agreement, while also adding links to several product-specific requirements, including “Requirements for Fivetran AI.” The body of the agreement is otherwise largely unchanged. The most important risks concern entity/brand inconsistency, incorporation of external policies, and the absence of clear AI-training restrictions.

Important Changes and Risks

1. Contracting-party and branding changes

• The agreement now identifies the provider as “Sutro Labs Inc. d/b/a Census” rather than Fivetran.
• Website navigation and footer references are inconsistent:
• New text refers to Census and getcensus.com.
• Other additions still refer to Fivetran, fivetran.com, legal@fivetran.com, and “Fivetran Inc.”
• The legal navigation includes both Census-related content and Fivetran-specific requirements.

Risk: It may be unclear which entity is the actual contracting party, which policies apply, and where notices must be sent. This should be corrected before execution or reliance.

2. New or surfaced product-specific requirements

The navigation adds or highlights requirements for:

• Fivetran HVR
• Hybrid Deployment
• Free Plan
• Fivetran AI
• dbt Labs
• Acceptable Use

Risk: These linked documents may impose additional usage restrictions, data rights, security terms, or AI-related conditions. Because the agreement incorporates Documentation and other attachments by reference, customers should obtain and review the applicable versions. The diff does not show their substantive text, so their legal effect cannot be determined from this comparison alone.

3. Customer Data use and AI model training

The agreement continues to define Customer Data broadly, including data submitted by End Users and connected third-party services.

The provider receives a license to use Customer Data:

> “as reasonably necessary for Census to provide the Services.”

The agreement does not expressly state that Customer Data may be used to:

• Train, fine-tune, or improve generative AI or machine-learning models;
• Create generalized models or datasets;
• Share data with AI vendors for model development; or
• Use Customer Data after termination for training.

Conversely, the confidentiality provisions restrict use of Confidential Information to purposes within the agreement’s scope. Customer Data is expressly classified as Customer Confidential Information.

Risk assessment: On the face of this agreement, there is no clear affirmative authorization for training AI models, and the limited service-provision license may not support such use. However, the newly linked Fivetran AI requirements, privacy policy, Documentation, or other incorporated materials could alter that conclusion. Customers should obtain a written statement that Customer Data, prompts, outputs, and derived data will not be used to train or improve models without express consent, and should address de-identification, retention, subprocessors, and deletion.

4. External privacy policy controls data handling

Section 2.2 requires processing in accordance with the provider’s privacy policy, available online.

Risk: The privacy policy can potentially change independently and may contain broader data-use permissions than the agreement. Customers should require contractual precedence for the agreement/DPA and review change-notice rights.

5. Other material commercial risks

• Automatic renewal unless notice is given at least 30 days before term end.
• Fees are generally non-cancelable and non-refundable.
• Broad suspension and termination rights for the provider.
• Liability cap generally limited to fees paid or payable in the prior 12 months.
• Data loss and service interruption damages are excluded.
• Customer indemnifies the provider for claims relating to Customer Data used as permitted.
• Mandatory arbitration in San Francisco, California.

Executive Summary

The diff appears primarily to update the website’s navigation, branding, and footer content from a Census-branded legal site to a Fivetran-branded legal site. The substantive Master Subscription Agreement text is otherwise unchanged.

Important Changes

1. Website navigation and branding

• “Software and Service Specific Requirements” is retained, while navigation items are reorganized.
• New or newly displayed links include:
• Requirements for Fivetran HVR
• Requirements for Hybrid Deployment
• Requirements for Free Plan
• Requirements for Fivetran AI
• Requirements for dbt labs
• Acceptable Use Policy
• Support Policy
• Service Level Agreement
• EU Data Act Addendum
• Additional privacy and compliance links are displayed, including:
• Privacy Notice
• Global Applicant Privacy Notice
• Cookie List
• Privacy Program
• Ethics and Compliance
• Code of Conduct
• Anti-Slavery and Human Trafficking Statement

Risk: The newly listed documents may contain terms that apply to the Services, particularly the Fivetran AI Requirements, Free Plan Requirements, Acceptable Use Policy, and EU Data Act Addendum. Their inclusion in navigation does not, by itself, establish whether they are incorporated into the Agreement or which document controls in the event of a conflict. The Agreement’s stated order of precedence remains: Order Form, SOW, Agreement, then Documentation.

2. Rebranding and entity inconsistency

• The page header, footer, and links are changed from Census/Fivetran legacy website references to updated Fivetran navigation.
• The Agreement itself continues to identify the provider as “Sutro Labs Inc. d/b/a Census” and repeatedly refers to “Census.”
• Footer details change to “© 2026 Fivetran Inc.”

Risk: The mixed Census/Fivetran branding could create uncertainty about the contracting entity, applicable policies, notice details, or whether the displayed terms are current. The agreement’s entity name and Order Form should be checked carefully.

AI Training and Customer Data

No express AI-training authorization appears in the diff

The diff does not add or remove language expressly authorizing, prohibiting, or regulating the use of Customer Data to train AI or machine-learning models.

The existing provisions state that:

• Customer retains ownership of Customer Data.
• Customer grants Census a limited, non-exclusive license to use Customer Data “as reasonably necessary” to provide the Services.
• Confidential Information, including Customer Data, may not be used outside the Agreement’s permitted scope.
• The customer must authorize Census to transfer, store, and process data through connected third-party services.

Risk: Although the current language does not clearly permit generalized model training, it also does not expressly prohibit training, model improvement, or use of de-identified or aggregated data. The newly linked Fivetran AI Requirements should be reviewed for any additional AI-data rights, especially if it is incorporated through Documentation or an Order Form.

Structured Summary of Important Changes

1. Document and Company Branding Changes

• The legal site navigation has been substantially changed from Fivetran materials to Census materials.
• References to Fivetran-specific documents and requirements were replaced with Census-related materials, including:
• “Requirements for Fivetran HVR”
• “Requirements for Hybrid Deployment”
• “Requirements for Free Plan”
• “Requirements for Fivetran AI”
• “Requirements for dbt labs”
• The agreement now identifies the provider as “Sutro Labs Inc. d/b/a Census” rather than Fivetran.
• Website, privacy-policy, legal-contact, and footer references were changed from Fivetran to Census, including:
• legal@fivetran.com → legal@getcensus.com
• Fivetran website/privacy links → Census website/privacy links
• Footer copyright references changed to Census.

Risk/impact: These changes may indicate a rebranding, acquisition, or document-template substitution. Customers should confirm that the contracting entity, privacy policy, DPA, security commitments, and applicable order forms are all consistent with the intended service provider. The navigation includes references to Fivetran documents that do not appear to form part of the agreement itself.

2. Customer Data Use

• No express provision was added authorizing Census to use Customer Data to train, fine-tune, evaluate, or improve AI models.
• The principal data-use grant remains limited to use of Customer Data “as reasonably necessary” to provide the Services under Section 4.2.
• Section 2.2 continues to state that Customer Data will be processed under Census’ privacy policy.
• Section 7 treats Customer Data as Customer Confidential Information and restricts use of confidential information to purposes within the agreement.
• Section 3.6 authorizes Census to transfer, store, process, and export Customer Data in connection with connected third-party services.

AI-specific risk assessment: The diff does not add a direct AI-training right. However, the “provide the Services” language could potentially encompass AI-enabled functionality if the Services include AI features. The agreement does not expressly address whether prompts, inputs, outputs, or Customer Data may be retained or used for model improvement, nor does it provide a clear opt-out, deletion commitment, model-training prohibition, or distinction between customer-specific and generalized data. Review the privacy policy, DPA, and any separate “Requirements for Fivetran AI” or Census AI terms.

3. Other Material Risk Points

• Customer indemnifies Census for claims concerning Customer Data when used as permitted by the agreement.
• Third-party services may access, modify, or delete Customer Data, with Census disclaiming responsibility for those actions.
• Liability exclusions cover loss of data and service interruption; the general liability cap is limited to fees paid or payable in the preceding 12 months, subject to specified exclusions.
• Automatic renewal, suspension, termination, arbitration in San Francisco, and California governing law remain unchanged in the apparent agreement text.

Bottom Line

The substantive diff appears primarily to replace Fivetran branding and references with Census branding. No new AI-training permission is visible, but the agreement lacks explicit AI-data safeguards, so the privacy policy, DPA, and any AI-specific terms should be reviewed before acceptance.

The publisher records this document as revised on this date (“Last updated: February 19, 2025”).

No

Summary of Changes

Overall Change

• The amendment removes approximately 3,985 words from the document.
• No replacement language or new terms is provided in the diff.
• Because the deleted text is not included, it is not possible to determine which obligations, rights, limitations, or protections were removed.

Customer Data and AI Training

• The diff does not identify whether any provisions concerning the use of customer data to train AI models were added, removed, or modified.
• However, the deletion of a substantial portion of the agreement creates a significant risk that provisions addressing AI may have been removed, including:
• Whether customer data may be used to train, fine-tune, or improve AI models;
• Whether customer prompts, inputs, outputs, or usage data may be retained for training;
• Whether data is anonymized, aggregated, or de-identified before such use;
• Whether the customer must opt in or may opt out of AI training;
• Whether the provider may use customer data to train models shared with other customers;
• Restrictions on using confidential, personal, or regulated data for training;
• Data deletion, retention, and audit obligations; and
• The provider’s responsibility for unauthorized disclosure or misuse of training data.

Key Legal Risks

• Loss of customer protections: Deleted confidentiality, data-security, privacy, or data-use restrictions could reduce the customer’s contractual protections.
• Expanded implied permissions: If a deleted restriction previously limited the provider’s use of data, its removal may leave broader rights under the remaining agreement or applicable law.
• Unclear data-use rights: The agreement may no longer clearly state whether customer data can be used for AI development or product improvement.
• Compliance exposure: Removing provisions concerning personal data, regulated information, or international transfers could create uncertainty regarding compliance responsibilities.
• Reduced remedies: Deleted liability, indemnity, audit, notice, or deletion provisions could make it more difficult for the customer to respond to misuse or a data breach.
• Interpretation risk: A large deletion without replacement language may create gaps, inconsistencies, or unintended reliance on general terms elsewhere in the agreement.

Recommended Review

The complete pre- and post-amendment versions should be compared, especially provisions concerning:

1. Customer data ownership and permitted uses;

2. AI training and model improvement;

3. Confidentiality and security;

4. Privacy and data-processing obligations;

5. Retention and deletion;

6. Subprocessors and data sharing;

7. Liability, indemnities, and remedies; and

8. Termination and post-termination data handling.

Based solely on the supplied diff, the principal conclusion is that a material amount of contractual language has been removed, but the specific legal and AI-related consequences cannot be determined without the deleted text or the full versions of the agreement.

Summary

The diff only states: “Added approximately 3985 words to the document.” It does not include the actual added contractual language.

Analysis Limitations

Because the substantive text is missing, it is not possible to determine:

• What contractual terms were added or changed.
• Whether liability, indemnity, confidentiality, security, privacy, intellectual-property, or termination provisions changed.
• Whether the customer’s data may be used to train, fine-tune, evaluate, or improve AI models.
• Whether data may be shared with affiliates, vendors, subprocessors, or model providers.
• Whether customer data is retained, anonymized, aggregated, or deleted.
• Whether the customer has opted out of AI training or has any objection, deletion, or audit rights.
• Whether the provider obtains rights to use customer inputs, outputs, prompts, files, or usage data.
• Whether the agreement distinguishes between customer content, personal data, metadata, and de-identified information.

Key Concern

The addition of nearly 4,000 words could materially expand the customer’s obligations or the provider’s rights, but the scope and legal effect cannot be assessed without the actual text. In particular, no conclusion can be reached regarding AI-model training or use of customer data.

Needed for Further Review

Please provide the full redlined language, including:

1. The deleted text in brackets.

2. The added text in braces.

3. Any replacement provisions shown using the specified notation.

4. Relevant surrounding sections if the additions modify existing definitions or cross-references.

Once provided, the changes can be analyzed for legal effect, commercial risk, and AI-data-use implications.