Common use of HIPAA Data Clause in Contracts

HIPAA Data. Customer agrees not to upload to the SkySQL services any HIPAA Data unless Customer has entered into a BAA with MariaDB. Unless a BAA is in place, MariaDB will have no liability under this Agreement for HIPAA Data, notwithstanding anything to the contrary in this Agreement or in HIPAA. If Customer is permitted to submit HIPAA Data to the SkySQL Services, then Customer may submit HIPAA Data to MariaDB and/or the SkySQL Services only by uploading it as Customer Data. Upon mutual execution of the BAA, the BAA is incorporated by reference into this Agreement and is subject to its terms.