Terms of Service

By creating an aiXplain account, using the Services, or agreeing to the Terms via signature or electronic consent, you hereby acknowledge that you have read and understood the Terms and agree to comply with and be bound by these Terms. If you do not accept the Terms, you shall not access, browse or use the Site or the Services. Please read the Terms carefully before using the Services.

We may modify these Terms (including any Policies) at any time by posting a revised version via the Services or by otherwise notifying you in writing. The modified terms will become effective upon posting or, if we notify you by email, as stated in the email message. By continuing to use the Service after the effective date of any modifications to these Terms, you agree to be bound by the modified terms. It is your responsibility to check the Services regularly for modifications to these Terms. We last modified these Terms on the date listed at the start of these Terms. If you continue using the Services following the time of posting, that means you accept those changes. If any change to these Terms is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Site and our Services.

2. User Accounts, Registration, and Teams

To access and use the Service, you must create an account by providing accurate and complete information. When creating an Account, you acknowledge that: (i) it is your responsibility to ensure that your password remains confidential and secure. You will be solely responsible and liable for any losses, damages, liability and expenses incurred by us or a third party, due to any unauthorized usage of the account by either you or any other User or third party on your behalf; (ii) undertake to promptly notify us in writing if you become aware of any unauthorized access or use of your Account and/or any breach of these Terms. (iii) your account can become managed by a representative of the entity that owns or controls the email address domain with which your Account was created or registered. You also understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your Account.

Upon registration, an aiXplain team (“Team”) is automatically created and is associated with your Account. aiXplain allows you to create Teams on the Site. By creating a Team, you become, either individually or on behalf of your employer or any entity, on behalf of whom you created the Team, an aiXplain User. The creator of a Team, personal or collaborative, is automatically assigned as the Team owner (“Owner”). aiXplain may permit you to register and create a Team through one or more of its mobile applications but is not required to do so.

For all Teams you are the Owner of, you: (i) agree to provide us with accurate, complete, and current information about yourself or the entity you created the Team on behalf of; (ii) agree that you are fully responsible for all activities that occur under your Team, including any integration or any other use of third party products or services (and associated disclosure of data) in connection with the Service.

You may assign administrators (“Admins”) to the teams you have created after account registration. The Admin(s) of Teams are, severally and jointly, deemed as the authorized representatives of the User, and any decision or action made by any Admin, is deemed as a decision or action of User. An Admin may assign or add other members of the Account as Admins, which possess important privileges and controls over the use of the Service and the Account, including, without limitation: (i) control your (and other Users) use of the Team; (ii) purchase, upgrade or downgrade the Service; (ii) create, monitor or modify Users’ actions and permissions; (iii) manage the access to, control, remove, share or otherwise change, all or part of the User data; and (iv) integrate or disable integration with Third Party Services. aiXplain may permit Admins to take any or all of the preceding actions through one or more of its mobile applications but is not required to do so.

3. AI Assets and Service

“AI Assets” including but not limited to datasets, corpora, models, pipelines, and benchmarks. We provide users with a hosted environment and marketplace to develop, manage, benchmark, experiment, and deploy AI Assets. AI Assets may be provided by third party suppliers through the Platform (“Suppliers”). Each Supplier may require you to comply with its terms and conditions. By purchasing access to or otherwise utilizing AI Assets provided by Suppliers, you agree to fully comply with any and all terms and conditions imposed by such Suppliers.

4. License Grant and Intellectual Property

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your personal or internal business purposes. You may not use the Service for any other purposes or in any manner that is not expressly permitted by these Terms.

This Site contains material, including but not limited to models, datasets, code, data, applications, software, text, graphics and images (collectively referred to as the “Content”). You are solely responsible for the Content you post, publish, display or otherwise make available on the Service, and for any other action or omission that results from your use of the Service (including our Content or other User’s Content), or the use by a person or an entity that you have authorized under your Account.

You understand that your Content may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. Additionally, your Content may be transferred to Suppliers and other third parties for the purpose of providing the Services to you, including for benchmarking, AI model fine-tuning, and third party or Supplier-hosted AI model usage. “Content” means Your Trademarks, copyright content, any products or services you sell through the Services (including description and price), and any photos, images, videos, graphics, written content, audio files, code, information, or other data provided or made available by you or your affiliates to aiXplain or its affiliates. You or Your licensors retain full ownership of your Content, and you grant aiXplain a license to use and distribute your Content solely in order to provide the Services.

The Service, including all content, features, and functionality, is the property of aiXplain or its licensors and is protected by copyright, trademark, and other intellectual property laws. You agree not to copy, modify, distribute, reverse engineer, reverse assemble, or create derivative works based on the Service without our prior written consent. Any use of the Service or the Site Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by us at any time without notice and with or without cause.

5. User Conduct

You agree to use the Service in compliance with all applicable laws and regulations. You are prohibited from using the Service to engage in any illegal, fraudulent, or harmful activities, or to upload, transmit, or store any content that is unlawful, harassing, defamatory, or otherwise objectionable. You may not use the Service or access the Site to cause any harm or damage to us or any third party or to deny the use of the Service or Site to any third party.

6. Credits and Payments for Services

“Credit” is a virtual token, with no cash value. “Credit” is the main form of transaction for the Services. Your right to use Credits is a limited, personal, revocable license issued to you by aiXplain under these terms. Credits do not have any value in real currency, cannot be substituted for real currency, does not earn interest, and cannot be redeemed or refunded for real currency or anything else of value. aiXplain reserves the right If your aiXplain account is terminated, you forfeit your Credit balance, and you will have no recourse against aiXplain.

Credits are available for purchase at a price that aiXplain determines and may change. By purchasing Credits, you authorize aiXplain to initiate charges to your selected payment method for verification and purchases. When you purchase Credits, the balance appears in your aiXplain team’s balance that you added the Credits to. The required number of Credits to utilize third party computing models may change due a number of factors, including how the cost of such models varies. We may not be able to accurately display in advance the required number of credits to use particular Services due to the uncertainty of which models and third party components may be involved in any particular instance of a solution or use of the Services. Additionally, aiXplain may require you to pay a fee to access certain Services, including through its mobile applications. Any and all payments are non-refundable except as required by applicable law. All payments are securely processed by our subprocessors, and your use of Credits is subject to their applicable terms and privacy policy.

7. Termination of Service

We reserve the right to suspend or terminate your access to the Service, without notice and in our sole discretion, if you violate these Terms or engage in any activities that we deem harmful to the Service, other users, or any third party. Upon termination of your access to the Service, your right to use the Service will immediately cease, and you must promptly destroy all copies of any content or materials obtained through the Service.

8. Disclaimers and Limitation of Liability

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF PERFORMANCE, OR NON-INFRINGEMENT.AIXPLAIN, ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT A) THE SERVICE WILL FUNCTION UNINTERRUPTED, BE ERROR-FREE, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS; OR (D) THAT THE SERVICE AND/OR ANY CONTENT MADE AVAILABLE THROUGH THE SERVICE WILL BE ACCURATE OR COMPLETE. AIXPLAIN, ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES OR INACCURACIES OF CONTENT, ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVICE, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE AND/OR ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.

AIXPLAIN, ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ACTIONS, OMISSIONS, ERRORS, MISTAKES, OR INACCURACIES OF SUPPLIERS, INCLUDING ANY CLAIMS, AI ASSETS, OR OTHER PRODUCTS OR SERVICES OFFERED BY SUPPLIERS. AIXPLAIN, ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, EFFECTIVENESS, AVAILABILITY, OR QUALITY OF ANY AI ASSETS, PRODUCTS, OR SERVICES OFFERED BY ANY SUPPLIER.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AIXPLAIN, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Maximum Liability; Direct Damages. In no event shall aiXplain’s aggregate liability arising out of or related to these Terms and/or any project, whether arising out of or related to breach of contract, tort (including negligence), or otherwise, exceed the aggregate amounts paid or payable pursuant to the applicable project under which the claim arises or relates in the six month period preceding the event giving rise to the claim. Notwithstanding the foregoing, in no event shall aiXplain’s aggregate liability arising out of or related to these Terms and/or any project, whether arising out of or related to breach of contract, tort (including negligence), or otherwise, exceed US $100,000.

9. Indemnification

You agree to indemnify and hold harmless aiXplain and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or relating to your use of the Service or any violation of these Terms by you or any third party using your account. This indemnification obligation will survive these Terms and your use of the Service.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions, and both parties agree to jurisdiction in the state and federal courts of Santa Clara County, California.

11. Dispute Resolution and Arbitration Agreement

This Dispute Resolution and Arbitration Agreement shall apply if you (i) reside in the United States; or (ii) do not reside in the United States but bring any claim against Company in the United States.

Overview of Dispute Resolution Process. Company is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this section applies: (1) an informal negotiation directly with Company’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section). Specifically, the process provides:

• Claims can be filed with AAA online (www.adr.org);
• Arbitrators must be neutral and no party may unilaterally select an arbitrator;
• Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
• Parties retain the right to seek relief in small claims court for certain claims, at their option;
• The initial filing fee for the consumer is capped at $200;
• The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;
• The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.

Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Company each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Company’s customer service team by emailing us at the contact addresses provided on the Site. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.

AGREEMENT TO ARBITRATE. YOU AND COMPANY MUTUALLY AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE BREACH, TERMINATION, ENFORCEMENT OR INTERPRETATION THEREOF, OR TO THE USE OF THE SITE, ANY COMPANY SERVICE OR THE COLLECTIVE CONTENT (COLLECTIVELY, “DISPUTES”) WILL BE SETTLED BY BINDING ARBITRATION (THE “ARBITRATION AGREEMENT”). IF THERE IS A DISPUTE ABOUT WHETHER THIS ARBITRATION AGREEMENT CAN BE ENFORCED OR APPLIES TO OUR DISPUTE, YOU AND COMPANY AGREE THAT THE ARBITRATOR WILL DECIDE THAT ISSUE.

Exceptions to Arbitration Agreement. You and Company each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).

Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.

Modification to AAA Rules – Arbitration Hearing/Location. You agree that any required arbitration hearing may be conducted: (a) in Santa Clara County, California; (b) in any other location to which you and Company both agree; (c) via phone or video conference; or (d) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.

Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

JURY TRIAL WAIVER. YOU AND COMPANY ACKNOWLEDGE AND AGREE THAT WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AS TO ALL ARBITRABLE DISPUTES.

NO CLASS ACTIONS OR REPRESENTATIVE PROCEEDINGS. YOU AND COMPANY ACKNOWLEDGE AND AGREE THAT WE ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS USER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING AS TO ALL DISPUTES. FURTHER, UNLESS YOU AND COMPANY BOTH OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING. IF THIS PARAGRAPH IS HELD UNENFORCEABLE WITH RESPECT TO ANY DISPUTE, THEN THE ENTIRETY OF THE ARBITRATION AGREEMENT WILL BE DEEMED VOID WITH RESPECT TO SUCH DISPUTE.

Severability. Except as provided in the immediately preceding paragraph, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

Changes. Notwithstanding the provisions regarding modification of these Terms in Section 1, if Company changes this Section (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Company in accordance with the provisions of the “Dispute Resolution and Arbitration Agreement” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).

Survival. Except as otherwise provided in this section, this section will survive any termination of these Terms and will continue to apply even if you stop using the Site or terminate your Company account.

12. iOS Minimum EULA Requirements

The following terms apply if you are accessing or using an aiXplain mobile application on an Apple Inc. (“Apple”) branded mobile device and apply to your use and possession of such aiXplain mobile application.

1. Acknowledgement. The Terms are concluded between aiXplain and you only, and not with Apple, and, as between Apple and us, we are solely responsible for the mobile application and the content thereof.
2. Scope of License. The license granted to you for the mobile application under the Terms is limited to a non-transferable license to use the mobile application on any Apple-branded products that you own or control and as permitted by the Apple Usage Rules set forth in the App Store Terms of Service, except that such mobile application may be accessed, acquired, and used by other accounts associated with the purchaser via “Family Sharing” or volume purchasing.
3. Maintenance. We are not obligated to provide any support or maintenance services for the mobile application, provided that we are solely responsible for such services to the extent required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application.
4. Warranty. To the extent not effectively disclaimed under Section 8 of the Terms, we are solely responsible for any warranties, whether express or implied by law. In the event of any failure of the mobile application to conform to any applicable warranty not effectively disclaimed under Section 8, you may notify Apple, and Apple will refund the purchase price (if any) for the app; and you agree that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
5. Liability. Subject to Section 8 of the Terms, we, and not Apple, are responsible for addressing any claims of yours or any third party relating to the mobile application or your possession and/or use of the mobile application, including: (i) product liability claims; (ii) any claim that the mobile application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
6. Intellectual Property Claims. Subject to Section 8 of the Terms, in the event of any third-party claim that the mobile application or your possession and use of our mobile application infringes any third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
7. Third Party Beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms and will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
8. Mobile Application Developer. If you have any questions, complaints, or claims with respect to the mobile application, they should be directed to us.

13. Contact Information

If you have any questions or concerns regarding these Terms or the Service, please contact us at care@aixplain.com