data/data.txt

Claude AI  
Consumer Terms of Service 
Effective October 8, 2025 Previous Version English 
  
Welcome to Anthropic! Before you access our services, please read these Terms of 
Service. 
These Terms of Service (“Terms”) govern your use of Claude.ai, Claude Pro, and other products and services that we may offer for individuals, along with any associated apps, software, and websites (together, our “Services”). These Terms are a contract between you and Anthropic, PBC ("Anthropic") (and not our Providers), and they include our Acceptable Use Policy. By accessing our Services, you agree to these Terms. 
Please read our Privacy Policy, which describes how we collect and use personal information. 
Please note: Our Commercial Terms of Service govern your use of any Anthropic 
API key, the Anthropic Console, or any other Anthropic offerings that reference the Commercial Terms of Service. For clarity, this does not include Claude.ai or Claude Pro use for individuals or entities. 
1.	Who we are. 
Anthropic is an AI safety and research company working to build reliable, interpretable, and steerable AI systems. We conduct frontier research, develop and apply a variety of safety techniques, and deploy the resulting systems via a set of partnerships and products. 
2.	Account creation and access. 

Minimum age. You must be at least 18 years old or the minimum age required to consent to use the Services in your location, whichever is higher. 
Your Anthropic Account. To access our Services, we may ask you to create an Account. You agree to provide correct, current, and complete Account information and allow us to use it to communicate with you about our Services. Our communications to you using your Account information will satisfy any requirements for legal notices. 
You may not share your Account login information, Anthropic API key, or Account credentials with anyone else. You also may not make your Account available to anyone else. You are responsible for all activity occurring under your Account, and you agree to notify us immediately if you become aware of any unauthorized access to your Account by sending an email to support@anthropic.com. 
You may close your Account at any time by contacting us at support@anthropic.com. 
Business Domains. If you use an email address owned by your employer or another organization, your Account may be linked to the organization's Anthropic enterprise account, and the organization’s administrator may be able to monitor and control the Account, including having access to Materials (defined below). We will provide notice to you before linking your Account to an organization's enterprise account. However, if the organization is responsible for notifying you or has already informed you that it may monitor and control your Account, we may not provide additional notice. 
Evaluation and Additional Services. In some cases, we may permit you to evaluate our Services for a limited time or with limited functionality. Use of our Services for evaluation purposes are for your personal, non-commercial use only. 
You may need to accept additional terms to use certain Services. These additional terms will supplement our Terms for those Services and may change your rights or obligations for those Services, including your obligations to pay fees. 
3. Use of our Services. 
You may access and use our Services only in compliance with our Terms, including our Acceptable Use Policy, the policy governing the countries and regions Anthropic currently supports ("Supported Regions Policy"), and any guidelines or supplemental 

terms we may post on the Services (the “Permitted Use”). You are responsible for all activity under the account through which you access the Services. 
You may not access or use, or help another person to access or use, our Services in the following ways: 
1. In any manner that violates any applicable law or regulation—including, without 
limitation, any laws about exporting data or software to and from the United States 
or other countries. 
2.	To develop any products or services that compete with our Services, including to develop or train any artificial intelligence or machine learning algorithms or models or resell the Services. 
3.	To decompile, reverse engineer, disassemble, or otherwise reduce our Services to human-readable form, except when these restrictions are prohibited by applicable law. 
4.	To crawl, scrape, or otherwise harvest data or information from our Services other than as permitted under these Terms. 
5.	To use our Services, the Materials, or the Actions to obtain unauthorized access to any system or information, or to deceive any person. 
6.	To infringe, misappropriate, or violate intellectual property or other legal rights (including the rights of publicity or privacy). 
7.	Except when you are accessing our Services via an Anthropic API Key or where we otherwise explicitly permit it, to access the Services through automated or nonhuman means, whether through a bot, script, or otherwise. 
8.	To engage in any other conduct that restricts or inhibits any person from using or enjoying our Services, or that we reasonably believe exposes us—or any of our users, affiliates, or any other third party—to any liability, damages, or detriment of any type, including reputational harms. 
9.	To rely upon the Services, the Materials, or the Actions to buy or sell securities or to provide or receive advice about securities, commodities, derivatives, or other financial products or services, as Anthropic is not a broker-dealer or a registered investment adviser under the securities laws of the United States or any other jurisdiction. 
You also must not abuse, harm, interfere with, or disrupt our Services, including, for 
example, introducing viruses or malware, spamming or DDoSing Services, or bypassing 
any of our systems or protective measures. 
4. Inputs, Outputs, Actions, and Materials. 
Generally. You may be allowed to interact with our Services in a variety of formats (we call these “Inputs”). Our Services may generate responses (we call these “Outputs”), or enable the Services to take actions on your behalf, such as software manipulation, data processing, and system interactions (we call these "Actions"), based on your Inputs. 
Inputs and Outputs collectively are “Materials.” 
Rights and Responsibilities. You are responsible for all Inputs you submit to our Services and all Actions. By submitting Inputs to our Services, you represent and warrant that you have all rights, licenses, and permissions that are necessary for us to process the Inputs under our Terms and to provide the Services to you, including for example, to integrate with third-party services, to share Materials with others at your direction, and to take Actions. You also represent and warrant that your submitting Inputs to us or directing Claude to take Actions will not violate our Terms, our Acceptable Use Policy, or any laws or regulations applicable to those Inputs or Actions. As between you and Anthropic, and to the extent permitted by applicable law, you retain any right, title, and interest that you have in the Inputs you submit. Subject to your compliance with our Terms, we assign to you all of our right, title, and interest—if any—in Outputs. 
Reliance on Outputs and Actions. Artificial intelligence and large language models are frontier technologies that are still improving in accuracy, reliability and safety. When you use our Services, you acknowledge and agree: 
1. Outputs may not always be accurate and may contain material inaccuracies even if 
they appear accurate because of their level of detail or specificity. 
2.	Actions may not be error free or operate as you intended. 
3.	You should not rely on any Outputs or Actions without independently confirming their accuracy. 
4.	The Services and any Outputs may not reflect correct, current, or complete information. 
5.	Outputs may contain content that is inconsistent with Anthropic’s views. 
Our use of Materials. We may use Materials to provide, maintain, and improve the 
Services and to develop other products and services, including training our models, 
unless you opt out of training through your account settings. Even if you opt out, we will 
use Materials for model training when: (1) you provide Feedback to us regarding any 
Materials, or (2) your Materials are flagged for safety review to improve our ability to 
detect harmful content, enforce our policies, or advance our safety research. 
5.	Feedback 
We appreciate feedback, including ideas and suggestions for improvement or rating an 
Output in response to an Input (“Feedback”). If you rate an Output in response to an Input—for example, by using the thumbs up/thumbs down icon—we will store the related conversation as part of your Feedback. You have no obligation to give us Feedback, but if you do, you agree that we may use the Feedback however we choose without any obligation or other payment to you. 
6.	Subscriptions, fees and payment. 
Fees and billing. You may be required to pay us fees to access or use our Services or certain features of our Services. You are responsible for paying any applicable fees listed for the Services on the Model Pricing Page unless otherwise communicated to you by Anthropic in writing. 
If you purchase access to our Services or features of our Services, you must provide complete and accurate billing information (“Payment Method”). You agree that we may charge the Payment Method for any applicable fees listed on our Services and any applicable tax. If the fees for these Services or features are specified to be recurring or based on usage, you agree that we may charge these fees and applicable taxes to the Payment Method on a periodic basis. 
If you purchase access to our Services through a distributor (e.g. an app store) (“App 
Distributor”), then you will make payment to the App Distributor, and the App 
Distributor’s terms in relation to payment methods, billing, and refunds will apply instead of these Terms. 
 
Except as expressly provided in these Terms or where required by law, all payments are non-refundable. Please check your order carefully before confirming it, and see below for additional information about recurring charges for our subscriptions. 
Additional fees. We may increase fees for our Services. If we charge additional fees in connection with our Services, we will give you an opportunity to review and accept the additional fees before you are charged. Also, additional fees may apply for additional Services or features of the Services that we may make available. If you do not accept any such additional fees, we may discontinue your access to the Services or features. 
You agree that we will not be held liable for any errors caused by third-party payment processors used to process fees paid by you to us. 
Subscriptions. To access Claude Pro and other subscription services we may make available to individuals, you must sign up for a subscription with us (a “Subscription”), first by creating an Account, and then following the subscription procedure on our Services. When you sign up for a Subscription, you agree to these Terms. 
1. Subscription content, features, and services. The content, features, and other 
services provided as part of your Subscription, and the duration of your 
Subscription, will be described in the order process. We may change the content, 
features, and other services from time to time, and we do not guarantee that any 
particular piece of content, feature, or other service will always be available 
through the Services. 
2.	Subscription term and automatic renewal. If you sign up for a paid 
Subscription, we or the App Distributor will automatically charge your Payment Method on each agreed-upon periodic renewal date until you cancel. If your 
Subscription has a minimum term (the “Initial Term”), we will let you know during the order process. Your Subscription will last for the Initial Term and will automatically renew, and your Payment Method will be charged, at the end of the Initial Term for an additional term equal in duration to the Initial Term and will continue to renew and incur charges for additional terms equal in duration to the 
Initial Term (each such additional term, a “Renewal Term”) until you cancel. 
3.	Subscription cancellation. If you subscribed via our website, you may cancel your Subscription for any reason by using a method we may provide to you through our products—for example, for Claude Pro, in your customer portal—or by notifying us at support@anthropic.com. If you subscribed via an app, you’ll need to cancel via the App Distributor according to the App Distributor’s terms. Learn more here. To avoid renewal and charges for the next Renewal Term, cancel your subscription at least 24 hours before the last day of the Initial Term or any Renewal Term. For example, if you subscribe on January 25th for a Subscription with a one-month Initial Term, you must cancel the Subscription per the instructions by February 23rd (24 hours before February 24th) to avoid renewal and charges for the next Renewal Term. In the event of a cancellation, your fees will not be refunded, but your access to the Services will continue through the end of the Initial Term or any Renewal Term for which you previously paid fees. 
4.	Additional cancellation rights. If you are a resident of Brazil, Mexico, South 
Korea, or Taiwan, you have a legal right to change your mind and cancel the 
Subscription within 7 days of entering into the Subscription without giving a reason. 
1. To exercise the right to cancel in the 7-day cancellation period, you must 
inform us of your decision to cancel the Subscription by making a clear 
statement to us of such decision before the cancellation period has expired. 
The easiest way to do this is by cancelling your subscription in the 
customer portal, or you may contact us at support@anthropic.com. You 
may also use the model cancellation form in Appendix 1 of these Terms, 
but it is not obligatory. For further details on how to cancel, please see 
support.anthropic.com. We will acknowledge your cancellation, e.g., 
through our online customer portal or console. 
2.	If you cancel the Subscription under Section 6(4)(a), we will reimburse you all payments received from you for the cancelled Subscription. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel the Subscription. We will make the reimbursement using the same means of payment as you used for the initial transaction; you will not incur any fees as a result of the reimbursement. 
3.	If you would like to use the Services during the 7-day cancellation period, you may do so. If you have used the Services during the 7-day cancellation period, and wish to cancel the Subscription, you can still do so by following the process in Section (4)(a) above, but we may retain an amount which is in proportion to what has been provided until you have communicated us your withdrawal from these Terms, in comparison with the full coverage of the Subscription. 
4.	The 7-day cancellation period will not reset if you change subscription tiers or cancel and then resubscribe, as you have already had an opportunity to test the Services. 
5. Subscription fees. You will pay the fees, either to us or to the App Distributor, for 
the Initial Term and each subsequent Renewal Term up front, at the start of that 
Initial Term or Renewal Term, as applicable. We have the right to make changes 
to the fees applicable to your Subscription from time to time, although we will not 
make any change to the fees applicable to your Subscription during the current 
Initial Term or Renewal Term, as applicable. If these changes result in an increase 
in the fees payable by you, we will inform you at least 30 days in advance of the 
change. You agree to the increase in fees payable by you unless you cancel the 
Subscription, as described in the paragraph (Subscription cancellation) 
immediately above, before the Renewal Term to which the increase in fees will 
apply. 

7.	Third-party services and links 
Our Services may use or be used in connection with third-party content ("Third-Party Content"), services, or integrations. We do not control or accept responsibility for any loss or damage that may arise from your use of any Third-Party Content, services, and integrations, for which we make no representations or warranties. Your use of any ThirdParty Content, services, and integrations is at your own risk and subject to any terms, conditions, or policies (including privacy policies) applicable to such third-party content, services, and integrations. 
8.	Content Moderation 
Third-Party Content is the responsibility of the person or entity that provides it to our 
Services. Anthropic is under no obligation to host or serve Third-Party Content. ThirdParty Content may appear in Inputs or Outputs and become part of Materials. If you see any Third-Party Content you believe does not comply with these Terms, including by violating the Acceptable Use Policy or the law, you can report it to us. 
If we become aware that any Third-Party Content (1) infringes another’s copyright or any other intellectual property or related or neighboring right, (2) is in breach of these Terms or our Acceptable Use Policy, or (3) may cause harm to Anthropic, our users, or third parties, we reserve the right to remove or take down some or all of such Third-Party Content using, where appropriate, algorithmic and human review. 
You can learn more about our monitoring and enforcement, including how to appeal an account suspension or termination, in our T&S Support Center. 
9.	Software 
We may offer manual or automatic updates to our software including our apps 
(“Anthropic Software”), without advance notice to you. Anthropic Software may include open source software. In the event of any conflict between these Terms and any other Anthropic or third-party terms applicable to any portion of Anthropic Software, such as open-source license terms, such other terms will control as to that portion of the Anthropic Software and to the extent of the conflict. 
10.	Ownership of the Services 

The Services are owned, operated, and provided by us and our affiliates, licensors, distributors, and service providers (collectively “Providers”). We and our Providers retain all of our respective rights, title, and interest, including intellectual property rights, in and to the Services. Other than the rights of access and use expressly granted in our Terms, our Terms do not grant you any right, title, or interest in or to our Services. 
11. Disclaimer of warranties, limitations of liability, and indemnity 
Our team works hard to provide great services, and we’re continuously working on improvements. However, there are certain aspects we can’t guarantee. We are using ALL CAPS to explain this, to make sure that you see it. 
YOUR USE OF THE SERVICES, MATERIALS, AND ACTIONS IS SOLELY AT 
YOUR OWN RISK. THE SERVICES, OUTPUTS, AND ACTIONS ARE PROVIDED 
ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, TO THE FULLEST EXTENT 
PERMISSIBLE UNDER APPLICABLE LAW, ARE PROVIDED WITHOUT 
WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR 
STATUTORY. WE AND OUR PROVIDERS EXPRESSLY DISCLAIM ANY AND 
ALL WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, 
MERCHANTABILITY, ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, 
PRIVACY, COMPATIBILITY, NON-INFRINGEMENT, AND ANY WARRANTY IMPLIED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. 
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO 
EVENT WILL WE, OUR PROVIDERS, OR OUR OR THEIR RESPECTIVE 
AFFILIATES, INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, 
SUCCESSORS OR ASSIGNS (COLLECTIVELY, THE “ANTHROPIC PARTIES”), 
BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, 
CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES ARISING OUT OF OR 
IN ANY WAY RELATED TO THE SERVICES, THE MATERIALS, THE ACTIONS, 
OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT (INCLUDING 
NEGLIGENCE), STRICT LIABILITY, OR OTHER THEORY, EVEN IF ANY ANTHROPIC PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, AND EVEN IF THE DAMAGES ARE FORESEEABLE. 

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE 
ANTHROPIC PARTIES’ TOTAL AGGREGATE LIABILITY TO YOU FOR ALL 
DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR IN ANY 
WAY RELATED TO THE SERVICES, THE MATERIALS, THE ACTIONS, OR 
THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) 
OR OTHERWISE, WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU 
PAID TO US FOR ACCESS TO OR USE OF THE SERVICES (IF ANY) IN THE SIX 
MONTHS PRECEDING THE DATE SUCH DAMAGES, LOSSES, AND CAUSES OF 
ACTION FIRST AROSE, AND $100. THE FOREGOING LIMITATIONS ARE ESSENTIAL TO THESE TERMS, AND WE WOULD NOT OFFER THE SERVICES TO YOU UNDER THESE TERMS WITHOUT THESE LIMITATIONS. 
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE ANTHROPIC 
PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, 
DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND 
COSTS), AND OTHER LOSSES ARISING OUT OF OR RELATED TO YOUR 
BREACH OR ALLEGED BREACH OF THESE TERMS; YOUR ACCESS TO, USE 
OF, OR ALLEGED USE OF THE SERVICES, THE MATERIALS, OR THE 
ACTIONS; YOUR FEEDBACK; ANY PRODUCTS OR SERVICES THAT YOU 
DEVELOP, OFFER, OR OTHERWISE MAKE AVAILABLE USING OR 
OTHERWISE IN CONNECTION WITH THE SERVICES; YOUR VIOLATION OF 
APPLICABLE LAW OR ANY THIRD-PARTY RIGHT; AND ANY ACTUAL OR ALLEGED FRAUD, INTENTIONAL MISCONDUCT, GROSS NEGLIGENCE, OR CRIMINAL ACTS COMMITTED BY YOU OR YOUR EMPLOYEES OR AGENTS. 
WE RESERVE THE RIGHT TO ENGAGE SEPARATE COUNSEL AND 
PARTICIPATE IN OR ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF 
ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU HEREUNDER, IN WHICH CASE YOU AGREE TO COOPERATE WITH US AND SUCH SEPARATE COUNSEL AS WE REASONABLY REQUEST. 
THE LAWS OF SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF 
IMPLIED WARRANTIES OR CERTAIN TYPES OF DAMAGES, SO SOME OR ALL OF THE DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS MAY NOT APPLY TO YOU. 

OUR PROVIDERS ARE INTENDED THIRD PARTY BENEFICIARIES OF THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION 11. 
12. General terms 
Changes to the Services. Our Services are novel and will change. We may sometimes add or remove features, increase or decrease capacity limits, offer new Services, or stop offering certain Services. 
Unless we specifically agree otherwise in a separate agreement with you, we reserve the right to modify, suspend, or discontinue the Services or your access to the Services, in whole or in part, at any time without notice to you. Although we will strive to provide you with reasonable advance notice if we stop offering a Service, there may be urgent situations—such as preventing abuse, responding to legal requirements, or addressing security and operability issues—where providing advance notice is not feasible. We will not be liable for any change to or any suspension or discontinuation of the Services or your access to them. 
Changes to these terms. We may revise and update these Terms at our discretion. Some examples of times, we may update these Terms include (1) to reflect changes in our Services, like when we add or remove features or services, or update our pricing, (2) for security or legal reasons, or (3) to promote safety or prevent abuse. If you continue to 
access the Services after we post the updated Terms on Anthropic’s website or otherwise give you notice of Terms changes, then you agree to the updated Terms. If you do not accept the updated Terms, you must stop using our Services. 
Supplemental terms. We may offer Services or features that we believe require servicespecific terms or guidelines. When using our Services, you agree to comply with any applicable guidelines, rules, or supplemental terms that may be posted on the Services 
from time to time (“Supplemental Terms”). If these Terms conflict with Supplemental Terms, the Supplemental Terms will govern for the applicable Service. 
Entire agreement. These Terms and any other terms expressly incorporated by reference form the entire agreement between you and us regarding the subject matter of our Terms. 

Termination. You may stop accessing the Services at any time. We may suspend or terminate your access to the Services (including any Subscriptions) at any time without notice to you if we believe that you have breached these Terms, or if we must do so in order to comply with law. If we terminate your access to the Services due to a violation of these Terms and you have a Subscription, you will not be entitled to any refund. In addition, if you have a Subscription, we may terminate the Subscription at any time for any other reason. If we exercise this right and you purchased the subscription via our website, we will refund you, on a pro rata basis, the fees you paid for the remaining portion of your Subscription after termination. Any refunds for Subscriptions purchased via an App Distributor are subject to the App Distributor’s terms and not these terms. 
We may also terminate your Account if you have been inactive for over a year and you do not have a paid Account. If we terminate your Account due to inactivity, we will provide you with notice before doing so. 
Upon termination of these Terms, a Subscription, or your access to the Services, we may at our option delete any Materials or other data associated with your Account. Sections 6 (with respect to fees outstanding as of such expiration or termination) and 9 – 12 will survive any expiration or termination of our Terms or a Subscription. 
Severability. If a particular Term or portion of these Terms is not valid or enforceable, this will have no effect on any other Terms. 
No waiver. Any delay or failure on our part to enforce a provision of these Terms is not a waiver of our right to enforce them later. 
No assignment. These Terms may not be transferred or assigned by you without our prior written consent, but may be assigned by us without restriction. 
Use of our brand. You may not, without our prior written permission, use our name, logos, or other trademarks in connection with products or services other than the 
Services, or in any other way that implies our affiliation, endorsement, or sponsorship. To seek permission, please email us at marketing@anthropic.com. 
Export Controls. You may not export or provide access to the Services into any U.S. embargoed countries or to anyone on (i) the U.S. Treasury Department’s list of Specially 
Designated Nationals, (ii) any other restricted party lists identified by the Office of 
Foreign Asset Control, (iii) the U.S. Department of Commerce Denied Persons List or Entity List, or (iv) any other restricted party lists. You represent and warrant that you and anyone accessing or using the Services on your behalf, or using your Account credentials, are not such persons or entities and are not located in any such country. 
Legal Compliance. We may comply with governmental, court, and law enforcement requests or requirements relating to provision or use of the Services, or to information provided to or collected under our Terms. We reserve the right, at our sole discretion, to report information from or about you, including but not limited to Inputs, Outputs, or Actions to law enforcement. 
U.S. Government Use. The Services were developed solely at private expense and are commercial computer software and commercial computer software documentation within the meaning of the applicable Federal Acquisition Regulations and their agency supplements. Accordingly, U.S. Government users of the Services will have only those rights that are granted to all other end users of the Services pursuant to these Terms. 
13. In case of disputes 
Equitable relief. You agree that (a) no adequate remedy exists at law if you breach Section 3 (Use of Our Services); (b) it would be difficult to determine the damages resulting from such breach, and any such breach would cause irreparable harm; and (c) a grant of injunctive relief provides the best remedy for any such breach. You waive any opposition to such injunctive relief, as well as any demand that we prove actual damage or post a bond or other security in connection with such injunctive relief. 
Governing law and exclusive jurisdiction. Our Terms will be governed by, and construed and interpreted in accordance with, the laws of the State of California without giving effect to conflict of law principles. You and Anthropic agree that any disputes arising out of or relating to these Terms will be resolved exclusively in the state or federal courts located in San Francisco, California, and you and Anthropic submit to the personal and exclusive jurisdiction of those courts. By accessing our Services, you waive any claims that may arise under the laws of other jurisdictions. 
 
 
Grok AI 
Terms of Service - Consumer 
Effective: November 4, 2025 (previous version) 
Welcome to xAI! 
These Terms of Service (”Terms”) apply to your use of Grok, Grokipedia, and xAI's other services for individuals, including associated applications and websites (collectively, the “Service”). These Terms form an agreement between you and X.AI LLC, a Nevada company (“xAI,” “we,” “our,” or “us”). By using our Service, you acknowledge and agree to these Terms. 
 
Please note: 
 
We reserve the right to modify these Terms. 
Our Enterprise Terms of Service govern the use of our services for developers and businesses, including xAI APIs and PromptIDE. 
If you reside in the European Economic Area, United Kingdom, or Switzerland (collectively, “Europe”), your use of the Service is governed in part by the Europe Specific Terms (“EST”). 
Please read our Privacy Policy, which describes how we collect, use and disclose personal information. Although it does not form part of these Terms, it is an important document you should read. 
Another helpful resource is our Consumer FAQs that, while not part of these Terms, give further information about our Service. Who We Are 
xAI is a company working on building artificial intelligence to accelerate human scientific discovery. We are guided by our mission to advance our collective understanding of the universe. As part of our mission, we have developed “Grok,” a conversational generative AI powered by xAI's large language models. We also provide “Grokipedia,” an on-line collection of knowledge. For more information about xAI, please visit https://x.ai/. xAI is a separate company from X Corp. ("X", previously Twitter). 
 
Registration and Access 
Minimum age. You must be at least 13 years old or the minimum age required in your country to use the Service, and you must confirm that you meet the minimum age requirement. If you are a teenager between the ages of 13 and 17 years old, you must have your parent or legal guardian's permission to use the Service, and they must agree to our Terms of Service. While we have taken measures to limit undesirable training data and outputs, depending on the features that you choose to use, the Service could produce output that is not appropriate for all ages. For instance, if users choose certain features 
or input suggestive or coarse language, the Service may respond with some dialogue that may involve coarse language, crude humor, sexual situations, or violence. We urge parents to exercise care in monitoring the use of the Service by their teenagers. Parents or guardians who choose to use certain features of the Service to aid in their interactions with their children, including regarding educational, enlightening, or entertaining discussions they have with their children, must make use of the data controls provided in the Service to select the appropriate features for their needs. 
 
Registration. You must provide accurate and complete information to register for an account to use our Service. You may not share your account credentials or make your account available to anyone else, and are responsible for all activities that occur under your account. If you create an account or use the Service on behalf of another person or entity, you must have the authority to accept these Terms on their behalf. 
 
Logging in through a third-party service. By choosing to login to our Service by using a third-party service, such as Google, Apple, or X, you give us permission to access, use, and store your information from that service, as permitted by that service, which may include log-in credentials and/or access tokens for that service. If connecting to our Service using your X credentials, you may elect (opt-in) to bring your X user profile (including date of birth), X account and location information, X preferences, X post history (your X posts viewable on your X account including posts to and from all accounts (public or protected) that you can view), X usage data, and your Grok in X conversation history to your xAI account. 
 
Using our Service 
What you can do. Subject to your compliance with these Terms, you may access and use our Service. You must comply with all applicable laws as well as our Acceptable Use Policy and any other documentation, guidelines, or policies we make available to you, including on our website. 
 
What you cannot do. Prohibited uses of our Service include any illegal, harmful, or abusive activities, including but not limited to:: 
 
Detrimentally impacting the Service, including by: 
Modifying, copying, leasing, selling, reselling, distributing, distilling, manipulating, using bots to access, reverse engineering, or decompiling our Service 
Using the Service or any Output to develop models or services that compete with xAI, scraping or reselling any Input or Output, or distilling model data 
Disrupting, interfering with, or unauthorized access to the Service or its safety systems 
Causing harm or engaging in abusive activity, including by: 
Critically harming or promoting critically harming human life (yours or anyone else's), including proterrorist activities 
Violating copyright, trademark, or other intellectual property law 
Violating a person's privacy or their right to publicity 
The sexualization or exploitation of children 
Espionage, hacking, defrauding, defamation, scamming, spamming, or phishing 
Not complying with laws or regulations, including by: 
Taking unauthorized actions on behalf of others 
Operating in a regulated industry without complying with those regulations or in a region where we do not offer Service 
Making high-stakes automated decisions that affect a person's safety, legal or material rights, or wellbeing (such as making financial credit, educational, employment, housing, insurance, legal, medical, or other important decisions about or for them) 
Misleading others or not being transparent regarding your use of AI 
Who Is Prohibited From Using the Service. 
 
Anyone who violates these Terms, Acceptable Use Policy, other documentation, guidelines, or policies we make available to you. 
Anyone who has been previously removed from the Service. 
We reserve the right to decide, at our sole discretion, not to contract with you. If you do not have a valid contract with us, you are prohibited from using our Service. 
Third-party services and software. Our Service may include or be integrated with third-party software, products, or services that are subject to their own terms. Our software may include open source software that is governed by its own licenses. 
 
User Content 
You Own Your User Content. You may provide input (e.g., text, audio, images, video, code, files, folders, drives, etc.) to the Service (”Input”) and receive output from the Service (excluding output from Grokipedia) based on the Input (”Output”). Collectively, Input and Output are “User Content.” You are responsible for User Content, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to our Service. To the extent permitted by applicable law, and as between you and xAI, you retain your ownership rights to the User Content. You are responsible and accept liability for the User Content. We ask that when using Output, you attribute the Service as having generated the Output, as detailed in our Brand Guidelines. 
 
Our Use of User Content. You grant, an irrevocable, perpetual, transferable, sublicensable, royalty-free, and worldwide right to xAI to use, copy, store, modify, distribute, reproduce, publish, display in public forums, list information regarding, make derivative works of, and aggregate your User Content and derivative works thereof for any purpose, including but not limited: (i) to maintain and provide the Service; (ii) to improve our products and the Service and for our other business purposes, such as data analysis, customer and market research, developing new products or features, or identifying or displaying usage or User Content trends; and (iii) to perform such other actions to enforce these Terms, comply with our Privacy Policy, comply with applicable law, or keep our Service safe. 
 
Automated systems that analyze your use of the Service and User Content may be used for business, safety, and compliance purposes. A limited number of our authorized personnel may review how you use the Service and your User Content for specific business purposes, including improving product features, investigating security incidents and potential misuse of our Service, and complying with our legal obligations. 
 
Electing whether your User Content is used for product development or model training. When logged into our Service, you can select whether or not you want us to use your User Content to improve our products and services and train our models. Private Chat and User Content that you request to be deleted will be queued for deletion, which may take up to 30 days. Where available, you may access our Service without logging in; when doing so, where permitted, you grant us full rights to use any data you provide to or obtain from our Service for product development and model training purposes. Further details are available in our Privacy Policy and Consumer FAQs. 
 
Accuracy. Artificial intelligence is rapidly evolving and is probabilistic in nature; therefore, it may sometimes: a) result in Output that contains “hallucinations,” b) be offensive, c) not accurately reflect real people, places or facts, or d) be objectionable, inappropriate, or otherwise not suitable for your intended purpose. 
 
Similarity of content. Due to the nature of artificial intelligence, outputs may not be unique, and different users may receive similar output from our Service. Your rights to the Output do not extend to other's rights. 
 
Grokipedia License. Grokipedia content and material is designated as Material subject to the xAI 
Community License Agreement (https://huggingface.co/xai-org/grok-2/blob/main/LICENSE). Certain Grokipedia content may also be subject to Creative Commons Attribution-ShareAlike 4.0 International License ("CC BY-SA 4.0"). 
 
Connecting to third-party services. Certain features of the Service may facilitate your ability to connect to a third-party service, such as X or other companies. If you select a feature that involves sending your User Content to such a third-party service, you are instructing and authorizing xAI to send your User Content out of the Service. Please review the policies of any third-party service providers for additional information about how they may use those materials. 
 
When you use our Service, you understand and agree that: 
 
Output may not always be accurate. Output from our services is not professional advice. You should conduct your own thorough research and should not rely on Output as the truth. 
You are responsible for evaluating the Output for accuracy and appropriateness for your use, including using human review and supervision, before using or sharing Output. 
Our Service may provide incomplete, incorrect, or offensive Output that does not represent xAI's views. Outputs are not meant to endorse a person or third-party's views. 
At our sole discretion, we may implement rate limitations to accommodate system resources or usage needs. 
The Service Is Available “As Is” 
We continue to add new models and other features, some which may be in beta testing where indicated. You accept that all of our services, including but not limited to such beta technologies, are provided “AS IS” and may contain errors, defects, bugs or inaccuracies that could fail or cause corruption or loss of data and information. You agree that use of any of our technologies is at your own risk. 
 
xAI's Intellectual Property Rights 
We own our Service. We and our affiliates own all rights, title, and interest in and to the Service. 
 
Usage data relating to our Service. We may collect, or you may provide to us, diagnostic, technical, usage, and/or related information, including information about your computers, mobile devices, systems, and software (collectively, “Usage Data”). All Usage Data is and will be owned solely and exclusively by us, and, to the extent any ownership rights in or to the Usage Data vest in you, you hereby assign to us all rights (including intellectual property rights), title, and interest in and to the same. Accordingly, we may use, maintain, and/or process the Usage Data or any portion thereof for any lawful purpose, including, without limitation: (a) to provide and maintain the Service; (b) to improve or develop our products and services; (c) to monitor your usage of the Service; (d) for research and analytics, including, without limitation, data analysis, identifying usage trends, and/or customer or market research; and (e) to share analytics and other derived Usage Data with third-parties. 
 
Feedback. To the extent you provide us any suggestions, recommendations, or other feedback relating to the Service or to any other xAI products or services (collectively, “Feedback”), you hereby assign to us all rights (including all intellectual property rights), title, and interest in and to the Feedback. Accordingly, we are free to use the Feedback and any ideas, know-how, concepts, techniques, and/or other intellectual property contained in the Feedback, without providing any attribution or compensation to you, for any purpose whatsoever. We are not required to use any Feedback. 
 
Privacy and Data Security 
Privacy. We care about your privacy. By using the Service, you acknowledge that we may collect, use, and disclose your personal information and aggregated, pseudonymized, and/or de-identified data as set forth in our Privacy Policy, and that your personal information will be transferred to, and/or processed in, the United States. 
 
Security. We care about the security of your personal information. However, we cannot guarantee that unauthorized third-parties will never be able to defeat our security measures or to use your data for improper purposes. You acknowledge that you provide your data at your own risk. You will notify us immediately of any breach of security or unauthorized use of your User Account, and you will immediately take action to secure your account, including by changing your password. 
 
Paid Accounts 
Fees; Payments; Cancellation. If you purchase any aspect of the Service, you must provide complete and accurate billing information, including a valid payment method. For paid subscriptions, we will automatically charge your payment method on each periodic renewal until you cancel. We will charge tax when required. If your payment is not successful, we may downgrade your account or suspend your access to the Service until payment is received. You can cancel your paid subscription at any time; however, payments already made are non-refundable, except where required by law. For questions regarding payments or cancellation, please contact support@x.ai. 
 
Price changes. We may adjust subscription prices periodically. If prices increase, we will provide 30 days' notice, and the new price will apply at your next renewal, allowing you to cancel if you disagree with the change. 
 
Paid subscriptions through X. Use of Grok on the X platform is not governed by these Terms. To access Grok on X, you must agree to the X Terms of Service. 
 
Termination, Suspension, Discontinuation 
Termination or Suspension. You are free to stop using our Service at any time and close your account. We may terminate or suspend your access to our Service or delete your account at any time without notice to you if we determine, at our sole discretion, that: 
 
You breached these Terms or our Acceptable Use Policy, guidelines, or other policies; 
We must do so to comply with the law; 
Your use of our Service could cause risk or harm to xAI, our users, or anyone else; or 
Your account has been inactive for over a year and you do not have a paid account. 
No refund. Upon Service termination, you will not be entitled to any refund, except where required by law. 
 
Appeals. If you believe we have suspended or terminated your account in error, you can file an appeal with us by contacting support@x.ai. 
 
Discontinuation. We may decide to discontinue our Service. If we do, we will provide you notice and any applicable refund for prepaid, unused services. 
 
Disclaimer of Warranties 
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS 
AVAILABLE” BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT 
PERMITTED BY APPLICABLE LAW, THE SERVICE, THE INTELLECTUAL PROPERTY, AND ANY OTHER 
INFORMATION AVAILABLE ON OR THROUGH THE SERVICE ARE PROVIDED WITHOUT WARRANTIES OF 
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF 
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. XAI AND ITS 
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES, PARTNERS, AND 
LICENSORS DO NOT GUARANTEE THAT THE FUNCTIONS OR FEATURES OF THE SERVICE WILL BE 
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. YOU ACCEPT AND AGREE 
THAT ANY USE OF CONTENT, MATERIALS, OUTPUTS, OR USER CONTENT FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS THE SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS PROFESSIONAL ADVICE. 
 
Indemnity 
To the fullest extent permitted by law, you will defend, indemnify, and hold xAI and our parents, subsidiaries and affiliates, and our and their respective agents, suppliers, licensors, employees, contractors, officers, and directors (collectively the “xAI Indemnitees”) harmless from and against any and all claims, damages (whether direct, indirect, incidental, consequential, or otherwise), obligations, losses, liabilities, costs, debts, and expenses (including, but not limited to, legal fees) arising from or related to your use of the Service and Output, your Input, or any violation of these Terms. 
 
Limitation of Liability 
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL XAI OR ANY XAI INDEMNITEE BE LIABLE 
(A) FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, 
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA, OR 
OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE 
SERVICE OR ANY PORTION THEREOF; AND (B) TO YOU FOR ANY CLAIMS, DAMAGES OR COSTS IN AN 
AMOUNT EXCEEDING THE AMOUNT YOU PAID TO US HEREUNDER OR ONE HUNDRED U.S. DOLLARS ($100.00), WHICHEVER IS GREATER. THESE LIMITATIONS OF LIABILITY APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 
 
Some countries and states do not allow the disclaimer of certain warranties or the limitation of certain damages, so some or all of the terms above may not apply to you, and you may have additional rights. 
 
Copyright Complaints 
If you believe that your copyrighted work or other right to your work or image has been infringed and is accessible via the Service, you agree to first notify our copyright agent by following these instructions. We may, if feasible, delete or disable content that we believe violates these Terms or is alleged to be infringing and will terminate accounts of repeat infringers at our sole discretion. Written claims concerning copyright infringement must include all of the following information: 
 
An electronic or physical signature of a person authorized to act on behalf of the copyright owner A description of the copyrighted work that you claim has been infringed upon 
A description of where the allegedly infringing material is located on our Service, so we can find it 
Your address, telephone number, and e-mail address 
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law 
A statement by you, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner. 
The above information must be submitted to our Copyright Agent at: Attn: Legal - Copyright Agent, X.AI LLC, legal@x.ai 
 
Dispute Resolution 
Class Action and Jury Trial Waiver BY ENTERING INTO THESE TERMS, YOU AND XAI ARE EACH WAIVING 
THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN ANY PURPORTED CLASS ACTION, 
COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING 
OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER. THE FOREGOING APPLIES TO ALL USERS (BOTH 
NATURAL PERSONS AND ENTITIES), REGARDLESS OF WHETHER YOU HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES. To the extent permitted by law, you also waive the right to participate as a plaintiff or class member in any purported class action, collective action or representative action proceeding against our corporate affiliates. 
 
Governing Law; Jurisdiction and Venue. The laws of the State of Texas, excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and us, notwithstanding any other agreement between you and us to the contrary. Notwithstanding any other agreement to the contrary, all disputes related to these Terms, the Service, or any patents – including without limitation disputes related to or arising from any Content (whether your or others' Content), or your or others' use of the Service or the complete or partial termination thereof – shall be brought and must proceed exclusively in the federal U.S. District Court for the Northern District of Texas or state courts located in Tarrant County, Texas, United States, and you consent to personal jurisdiction in those forums and waive any objection as to inconvenient forum. For the avoidance of doubt, the choice of law and forum selection provisions of this paragraph shall apply regardless of whether a dispute or any claims contained therein are based in contract, tort, statute, common law, or otherwise, and the choice of law and forum selection provisions of this paragraph shall apply to pending and future disputes and shall apply to your dispute regardless of when the conduct relating to the dispute arose or occurred. The choice of law and forum selection provisions of this paragraph shall also extend to disputes involving our U.S. corporate affiliates, who are intended third-party beneficiaries of this paragraph. Without prejudice to the foregoing, you agree that, in its sole discretion, xAI may bring any claim, cause of action, or dispute we have against you in any competent court in the country in which you reside that has jurisdiction and venue over the claim. 
 
If you are a federal, state, or local government entity in the United States using the Service in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Texas (excluding choice of law). 
 
Limitations Period. You and xAI agree that you must initiate any proceeding or action asserting a federal claim within one (1) year of the date of the occurrence of the event or facts giving rise to a dispute that is arising out of or related to these Terms or the Service. You and xAI agree that you must initiate any proceeding or action asserting a state law claim within two (2) years of the date of the occurrence of the event or facts giving rise to a dispute that is arising out of or related to these Terms or the Service. Otherwise, to the extent permitted by applicable law, you forever waive the right to pursue any claim or cause of action, of any kind or character, based on such events or facts, and such claims or causes of action are permanently barred. 
 
General Provisions 
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment by you in violation hereof will be null and void. 
 
Changes to Terms. When we change these Terms in a material manner, we will update the ‘Effective' date at the top of this page. Your continued use of the Service after any change to these Terms constitutes your acceptance of the new Terms of Service. If you do not agree to any part of these Terms or to any future Terms of Service, do not access or use (or continue to access or use) the Service. 
 
Entire Agreement; Severability. These Terms, together with any amendments and any additional written agreements you may enter into with us in connection with the Service, will constitute the entire agreement between you and us concerning the Service. Any statements or comments made between you and any of our employees or representatives are expressly excluded from these Terms and will not apply to you or us, or to your access to or use of the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. 
 
No Waiver. No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or of any other term, and our failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision. 
 
Export Controls. You will comply with all applicable import and export and re-export control and trade and economic sanctions laws and regulations in your use of the Service, including the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the U.S. Treasury Department's Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations maintained by the U.S. State Department. You represent and warrant that you are not, and that no person to whom you make the Service available or that is acting on your behalf, is (a) listed on the List of Specially Designated Nationals and Blocked Persons or on any other list of sanctioned, prohibited, or restricted parties administered by OFAC or by any other governmental entity, or (b) located in, a national or resident of, or a segment of the government of, any country or territory for which the United States maintains trade or economic sanctions or embargoes or that has been designated by the U.S. Government as a “terrorist supporting” region. 
 
How to Contact Us. These Terms are with X.AI LLC, a Nevada company. For questions about these Terms, contact xAI at legal@x.ai. If you have any questions about the Service, please contact us at support@x.ai. 
 
Mobile App Specific Terms 
To use any mobile App, you must have a mobile device that is compatible with such App. xAI does not warrant that any App will be compatible with your mobile device. You may use mobile data in connection with an App and may incur additional charges from your wireless provider in connection with such App. You understand and acknowledge that you are solely responsible for any such charges. Mobile Apps may update automatically to ensure you are using the latest version. We hereby grant you a non-exclusive, limited, non-transferable, and freely revocable license to use a compiled code copy of the App(s) under your User Account on one (1) or more mobile devices owned or controlled solely by you (except to the extent Apple or Google permits any shared access and/or use of the iOS App or Android App (as each of those terms is defined below), respectively), solely in accordance with these Terms. The foregoing license grant is not a sale of any App or of any copy thereof. You consent to such automatic upgrading on your mobile device. 
 
iOS App. This paragraph applies to any App you acquire from the Apple App Store (such App, “iOS App”). You and xAI understand and acknowledge that these Terms are solely between you and xAI, not Apple, Inc. (“Apple”), and that Apple has no responsibility for the iOS App or content thereof. Your access to and use of the iOS App must comply with the usage rules set forth in Apple's then-current Apple Media Services Terms and Conditions and with the applicable Volume Content Terms. You acknowledge that 
Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the iOS App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be governed solely by these Terms and any law applicable to xAI as provider of the iOS App. You and xAI acknowledge that Apple is not responsible for addressing any claims of you or any third-party relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to: (a) product liability claims; (b) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. You acknowledge that, in the event of any third-party claim that the iOS App, or your possession and use of that iOS App, infringes that third-party's intellectual property rights, xAI, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim, to the extent required by these Terms. You and xAI acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms as relates to your license of the iOS App, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the iOS App against you as a third-party beneficiary thereof. 
 
Android App. This paragraph applies to any App you acquire from the Google Play Store (such App, 
“Android App”): (a) you acknowledge that these Terms are between you and xAI only, and not Google LLC or any affiliate thereof (collectively, “Google”); (b) your access to and use of the Android App must comply with Google's then-current Google Play Terms of Service; (c) Google is only a provider of the Google Play Store where you obtained the Android App; (d) xAI, and not Google, is solely responsible for the Android App; (e) Google has no obligation or liability to you with respect to the Android App or these Terms; and (f) you understand and acknowledge that Google is a third-party beneficiary to these Terms as they relate to the Android App. 
 
Regional Specific Terms 
Australian Residents: Online Safety Terms and Information 
 
In Australia, your use of Grok is subject to the terms and conditions as set out in xAI's Terms of Service and Acceptable Use Policy, as well as the terms set out and referred to on this page. In case of inconsistency, these Australia Online Safety Terms shall prevail with respect to Australian users, and will govern your use of Grok. 
 
You may not upload or attempt to generate any of the following: 
 
Child sexual exploitation material; 
Material that advocates carrying out a terrorist act; 
Material that promotes, incites or instructs in matters of crime or violence; 
Material that promotes or incites drug-related illegal activities; 
Material depicting abhorrent or offensive fetish or fantasy practices, for example, incest. 
We may suspend or terminate your account or cease providing you with all or part of the service if you attempt to use Grok for any of these purposes. We may also delete the violative content from the service. 
 
We use age assurance measures to determine whether users in Australia are under 18. Until we are able to determine if a user is 18 or over, they may not be able to access 18+ adult content. 
 
We also allow users to limit their access or exposure to media that may contain 18+ adult content in Settings > Data Control. 
 
You can report violative content to xAI directly from Grok by clicking/tapping the three dots and choosing "Report Issue". 
 
Alternatively, you can email xAI directly at support@x.ai. 
 
If you would like to submit a complaint about: a) xAI’s handling of reports or b) xAI’s compliance with the Online Safety Act, you may do so by sending an email to support@x.ai. 
 
Information about the Australian eSafety Commissioner 
 
The Australian eSafety Commissioner is the online safety regulator. You can learn more here. 
If you would like to submit a complaint to the eSafety Commissioner, you can do so here. 
You may also find information about counselling and support services here. 
 
California Residents. 
 
The provider of the Service is set forth herein. If you are a California resident, in accordance with Cal. 
Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of 
Consumer Services of the California Department of Consumer Affairs by contacting it in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 4451254. 
 
European Economic Area (EEA), United Kingdom (UK) or Switzerland Residents ("Europe Specific Terms" or “EST”) 
 
EST Definition of Consumer. For the purposes of these Europe Specific Terms "European Consumers" are individuals with a habitual place of residence in the EEA, UK or Switzerland acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession. 
 
EST Order Process. As a European-Consumer, you are responsible for ensuring that your information is complete and accurate. The order process allows you to check and amend any errors before submitting your registration. Once you submit, we will begin processing it immediately. We will not file a copy of any contract formed between you and us. 
 
EST Governing Law. The Terms above provide the governing law, excluding applicable conflict of laws principles. As a European-Consumer, you will benefit from the applicable mandatory provisions of the law of the country in which you are resident. 
 
EST Venue of Jurisdiction. As a European-Consumer, you may bring a dispute which may arise under these Terms or in connection with the use of the Service, in the applicable courts of the country in which you are habitually resident. 
 
EST Right of Withdrawal.  As a European-Consumer, you have the right to close your account and withdraw from this contract within 14 days of entering into the contract. To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement sent to support@x.ai. You may use the Model Withdrawal Form below, but it is not obligatory. 
 
EST Consequences of Exercising Right of Withdrawal. If you withdraw from this contract and you have signed-up for a paid subscription, we will repay you for payments that we verify have already been received by us from you for the subscription term active at the time of your withdrawal notice, within 14 days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. Please note this does not include X Premium or X Premium+ account charges because that is not part of this Service. Please refer to the X Premium Terms of Use for further details of how to claim a refund for those charges. 
 
EST Withdrawal Form. If you wish to withdraw from the contract, send an email requesting withdrawal to support@x.ai and include the following information: Full legal name, login/user name (e.g., email and/or X user name), residential address, date of order/subscription, date submitting withdrawal. 
 
EST Limitation of Liability. For European-Consumers, provided that we have acted with professional diligence, we do not take responsibility for loss or damage caused by us, unless it is caused by our breach of these Terms or is reasonably foreseeable at the time of entering into these Terms. We do not take responsibility for loss or damage caused by events beyond our control. We do not limit our liability to you where it would be unlawful for us to do so. You have the full protections of the applicable laws and statutory rights. 
 
EST Consumer Guarantee. For European-Consumers, the applicable European consumer laws provide you with a guarantee covering the Service. Questions regarding the Service can be directed to support@x.ai. 
 
EST No Release; Indemnity. The Release Section and Indemnity Section of the Terms shall not be applicable to European-Consumers subject to these Europe Specific Terms. 
 
EST Changes to the Terms. With respect to European-Consumers, xAI may unilaterally make changes to these Terms (including the Europe Specific Terms) when it is necessary to do so, particularly as a result of changes of law or to ensure a better functionality of the Service. xAI shall take proportionate measures, if required, to notify Users in advance of such changes to the Terms, such notification may take the form of an in-Service notification or an email for a material change. If you do not agree to the amended Terms, you may object and must discontinue your use of the Service. If you do not object and continue to use the Service, you will be deemed to have acknowledged the amendment and agreed to be bound by it. 
 
EST Points of Contact for DSA Purposes. For the purposes of the EU Digital Services Act, xAI’s point of contact for recipients is xaidsasupport@x.ai. The point of contact for Member States’ authorities, the Commission and the Board is xaidsa@x.ai. Pursuant to Article 13 of the DSA, X.AI LLC has appointed EDSR, through its representative office in Estonia, as the legal representative. Contact: EDSR at Parda 5, #35, 10151 Tallinn, Harju, Estonia. Email: dsa@edsr.eu. Phone +3726991640. 
 
 
 
 
 	 
Deepseek 
Terms of Use 
  
Last Update: March 27, 2026 
  
Welcome to DeepSeek! 
  
DeepSeek products and services are owned and operated by Hangzhou DeepSeek 
Artificial Intelligence Co., Ltd. (hereinafter referred to as "DeepSeek" or "we"). Before using the Services, please make sure to carefully read and understand this "DeepSeek Terms of Use" (hereinafter referred to as "these Terms") as well as other related terms, policies, or guidelines of this platform. When you use a specific function of the Services, there may be separate terms, related business rules, etc. ("Specific Terms") for that specific function. In the event of any conflict between these Terms and the Specific Terms, the provisions of the Specific Terms shall prevail. All the aforementioned terms and rules form an integral part of these Terms (collectively referred to as "All Terms"), and have the same legal effect as the main text of these Terms. 
For detailed rules on how we collect, protect, and use personal information, please carefully read the DeepSeek Privacy Policy. If you would like to learn more about our model mechanism or training methods, please refer to the Model Mechanism and Training Methods of DeepSeek. 
We especially remind you to carefully read (minors under the age of 18 or the minimum age required in your country shall read with their legal guardian) and fully understand all the terms before using the Services. When you agree to these Terms through online page clicks, or checking boxes, it means you and we have reached an agreement on All Terms, you have accepted All Terms and their applicable conditions, and agree to be bound by All Terms. If you disagree with any part of these Terms, or cannot accurately understand our interpretation of any term, please click disagree or stop using our services. 
  
Services 
1.1 DeepSeek's products and services include those provided to you through websites, applications (which may include different versions), software development kits (SDKs) for third-party websites and applications, application programming interfaces (APIs), and innovative forms that emerge with technological development. These encompass platforms with generative artificial intelligence services at their core, among other functionalities (hereinafter referred to as "the Services"). 
  
1.2 The generative AI products and services provided by DeepSeek are based on large language models, which are built using neural network, developed through stages of large-scale self-supervised pre-training and targeted optimization training. These models can predict the next token by encoding and computing the input information (including text, images, files, and more), thereby possessing text generation and conversational abilities. They are adept at performing a wide range of text generation tasks and can be integrated into various downstream systems or applications. Specifically, within DeepSeek's product services, these models, based on user input information (referred to as "Inputs"), compute and infer to output corresponding content as a response (referred to as "Outputs" ), including text, tables, and code. Users can evaluate the output, including actions like liking or disliking, to provide feedback on their opinions about DeepSeek's output information. 
  
1.3 As generative artificial intelligence technology, models, and products continue to evolve, along with changes in laws and regulations, we may add, upgrade, modify, suspend, or terminate services, or make necessary adjustments to the technology, methods, and performance of the services, and may conduct internal or external testing for new service features. If such changes may greatly affect your rights, we will promptly notify you through in-site notifications, website announcements, or via email. 
  
1.4 DeepSeek will take necessary measures (not less than industry practices) to ensure the cyber security and stable operation of the Services. We will also make efforts to enhance and improve technology to ensure a better user experience. If you have any questions or feedback about our services, you can contact us through the method described in Section 11. 
  
1.5 We make no warranty that the Services are available or will continue to be available in certain jurisdictions. The functions or features of the Services may also vary in different jurisdictions. 
  
1.6 Users may also share the Inputs and Outputs information (together referred to as "Dialogues") by generating a unique URL. Anyone who has access to a shared link can view the linked Dialogues. When using such feature, any Dialogues you share with others, if subsequently published on public networks, may be at risk of being obtained by third parties through technical means such as web crawlers. We have implemented industry-standard anti-crawling mechanisms (the robots exclusion protocol) to prevent third parties from scraping user-publicly shared content. However, due to the technical limitations commonly existing within the industry, such risks cannot be entirely eliminated. Therefore, we recommend that you take the following precautions when using this feature: (1) avoid sharing your own or others' personal information, especially sensitive personal data; (2) before sharing other individual's personal information, please ensure you have obtained their explicit consent; (3) before publicly publishing any relevant conversation to an open network, carefully review the content to identify any information you would not wish third parties to access. 
  
Account 
2.1 The Services are primarily intended for adults. If you are under 18 years old or the minimum age required in your country, please read these Terms with your legal guardian and use the Services only with the consent of your legal guardian. DeepSeek fully understands the importance of protecting minors and will take corresponding protective measures in accordance with legal requirements and industry mainstream practices. 
  
2.2 Before using the Services, you shall register an account using your Email or thirdparty account as per the page instructions. You must provide accurate, truthful, legal, and valid information as required and confirm your agreement to these Terms and other related rules and policies. If the materials or information you submit are inaccurate, untrue, non-standard, or if there is a reason for the company to suspect them as incorrect, false, or illegal, we reserve the right to refuse to provide you with related functions. As a result, you may be unable to use this platform and related services or may face restrictions on certain functions during use. In such cases, we will offer an opportunity for you to explain or object. If we determine your explanation or objection is valid at our sole discretion, we will promptly restore your access to the Services without reasonably delay. Your account is your credential for logging in and using the Services. The account is non-transferable, non-giftable, and non-inheritable. 
  
2.3 When you register and use an account, you must commit and guarantee that: 
•	You take full responsibility for the authenticity, legality, and validity of the registration information, update the registration information promptly, and must not register an account or use the Services on behalf of others. 
•	Safely keep your account and password and take legal responsibility for all activities under that account. 
•	Do not maliciously register accounts, including but not limited to frequent or bulk registration. 
•	Do not transfer, lend, rent, or provide your account to others in any form. 
  
2.4	If you lose your account, forget your password, or leak your verification code, you can follow the procedure to appeal for recovery in a timely manner. We especially reminds you to properly safeguard your account, password, and verification code. After using them, you shall log out securely. You will bear full responsibility for any losses caused by the leakage of your account or password, except where the loss is caused by our intentional or gross negligent conduct. If users discover any unauthorized use of their accounts, they shall immediately notify us, and we will use commercially reasonable efforts to provide cooperation and handling. 
  
2.5	Under the agreed conditions, you have the option to discontinue the use of our Services, terminate the contract with us, and delete your account. However, even after the user deletes the account, we still have the right to: 
•	Retain certain data of the user as required by laws and regulations. 
•	Exercise the rights stipulated in these Terms for any illegal or violating behavior committed by the user during the use of the Services before deletion. 
  
Requirements and Restrictions 
3.1 You fully understand and agree that, under these Terms, we grant you a revocable, non-transferable, and non-exclusive right to legally use this product and related services. All other rights not expressly authorized by these Terms are reserved by DeepSeek, and before exercising such rights, you must obtain written permission from DeepSeek. Additionally, DeepSeek's failure to exercise any of these rights does not constitute a waiver of those rights. If you publish or disseminate outputs generated by the Services, you must: (1) proactively verify the authenticity and accuracy of the output content to avoid spreading false information; (2) clearly indicate that the output content is generated by artificial intelligence, to alert the public to the synthetic nature of the content; (3) avoid publishing and disseminating any output content that violates the usage specifications of these Terms. 
  
3.2 When using the Services provided by DeepSeek, users shall comply with these Terms and adhere to the principles of voluntariness, equality, fairness, and good faith. Users shall not use the Service to engage in, facilitate, or promote any activities violating laws or regulations, infringing on the legal rights or interests of others or seek unjust benefits, nor shall you disrupt the normal order of the internet platform. 
  
3.3 To fulfill legal and compliance requirements, DeepSeek has the right to use technical means to review the behavior of users using the Services, including but not limited to establishing risk filtering mechanisms, and creating databases for illegal content features. 
  
3.4 You will not use the Services to generate, express or promote content or a chatbot that: 
(1)	is hateful, defamatory, offensive, abusive, tortious or vulgar; 
(2)	is deliberately designed to provoke or antagonize another or is bullying or trolling another; 
(3)	may harass, intimidate, threaten, harm, hurt, scare, distress, embarrass or upset another; 
(4)	is discriminatory such as discriminating another based on race, gender, sexuality, religion, nationality, disability or age; 
(5)	is pornographic, obscene, or sexually explicit (e.g., sexual chatbots); 
(6)	facilitates, promotes, incites or glorifies violence or terrorist/extremism content; 
(7)	exploits, harms, or attempts to exploit or harm minors or exposes minors to such content; 
(8)	are designed to specifically appeal to or present a persona of any person under the age of 18 or the minimum age required in your country; 
(9)	constitute, encourage or provide instructions for a criminal offence; or 
(10)	impersonates or is designed to impersonate a celebrity, public figure or a person other than yourself without clearly labelling the content or chatbot as "unofficial" or "parody", unless you have that person's explicit consent. 
  
3.5 You will not violate any applicable, nor interfere with, damage, or attack the Services, systems, networks, models, and other components that support the normal operation of the service. You will not engage in activities that endanger the security of the Services: 
(1)	Engage in illegal activities involving network intrusion, such as: using unauthorized data or accessing unauthorized servers/accounts; forging TCP/IP packet names or partial names; attempting to probe, scan, or test vulnerabilities in the software system or network without permission. 
(2)	Engage in activities that disrupt or damage the normal operation of the network, such as: intentionally generating, spreading malicious programs or viruses; entering public computer networks or other people's computer systems without permission and deleting, modifying, adding stored information, etc. 
(3)	Engage in activities to steal network data, such as: reverse engineering, reverse assembly, reverse compilation, translation, or attempting to discover the source code, models, algorithms, and system source code or underlying components of the software in any way; capturing, copying any content of the Services, including but not limited to using any robots, spiders, or other automatic setups, setting mirrors. 
(4)	Engaging in other activities that endanger the Services' systems, networks, models, and other components. 
  
3.6 You will not use the Services for the following improper purposes: 
(1)	Using the Services for any illegal purposes that violate laws and regulations, regulatory policies, or infringe on the legitimate rights and interests of third parties. 
(2)	Using the Services for dangerous purposes that may have serious harmful impacts on physical health, psychology, society, or the economy, or violate scientific and technological ethics. 
(3)	Engaging in activities that infringe on intellectual property rights, trade secrets, and other violations of business ethics, or using algorithms, data, platforms, etc., to implement monopolistic and unfair competition behaviors. 
(4)	Without DeepSeek's authorization, copying, transferring, leasing, lending, selling, or sub-licensing the entire or part of the Services. 
(5)	Other uses prohibited or restricted by laws and administrative regulations, or that may harm DeepSeek's rights and interests. 
  
Inputs and Outputs 
4.1 You are responsible for all Inputs you submit to our Services and corresponding Outputs. By submitting Inputs to our Services, you represent and warrant that you have all rights, licenses, and permissions that are necessary for us to process the Inputs under our Terms. You also represent and warrant that your submitting Inputs to us and corresponding Outputs will not violate our Terms, or any laws or regulations applicable to those Inputs and Outputs. 
  
4.2 Subject to applicable law and our Terms, you have the following rights regarding the Inputs and Outputs of the Services: (1) You retain any rights, title, and interests—if any— in the Inputs you submit; (2) We assign any rights, title, and interests—if any—in the Outputs of the Services to you. Due to the nature of our Services and artificial intelligence generally, Outputs may not be unique and other users may receive similar Outputs from our Services. Our assignment above does not extend to other users’ Outputs. (3) You may apply the Inputs and Outputs of the Services to a wide range of use cases, including personal use, academic research, derivative product development, training other models (such as model distillation), etc., as long as such usage is legal and adhere to these Terms. 
  
4.3 Under the premise of secure encryption technology processing, strict deidentification rendering, and irreversibility to identify specific individuals, we may, to a minimal extent, use Inputs and Outputs to provide, maintain, operate, develop or improve the Services or the underlying technologies supporting the Services. If you refuse to allow us to process the data in the manner described above, you can opt out by turning off "Improve the model for everyone". 
  
4.4 The Output may include information from third-party websites or other external sources. We are not responsible for the validity of such content, nor do we guarantee the authenticity, legality, or security of any content, products, services, or other materials obtained through these channels. We may provide links to third-party websites in the Outputs for informational purposes only and disclaim all liability for their content, services, or practices. Your use of any such link is undertaken at your sole discretion and risk. You acknowledge and agree that it is your responsibility to evaluate the third party's terms, protect your data, and secure your property when engaging with these external resources. 
  
AI Generated content 
5.1 Any and all Outputs provided by this Service are generated by the foundation model and shall not constitute DeepSeek's legal declaration of intent, nor shall the Outputs represent DeepSeek's views or opinions in any event. If any Output references any third-party products or services, this does not mean that DeepSeek endorses that Output. The Outputs may contain errors or omissions and are for your reference only. You should NOT treat any Outputs as professional advice. In particular, when using this Service to consult on medical, legal, financial, and other professional issues, please note that the Output does not constitute any advice or commitment, nor does it represent opinions in any professional field. If you require related professional services, you should consult professionals and make decisions under their guidance. The Output of our Services shall not form the basis for your further actions or omissions. You are solely and independently responsible for any decisions or actions you take based on any Outputs, as well as for any consequences that follow. 
  
5.2 When you enable the "Search" function, the accuracy of the Outputs may be improved to some extent. However, limited by current technical capabilities, inaccuracy in AI-generated content is a common industry-wide issue and cannot be entirely avoided. Therefore, please use our Services rationally in accordance with these Terms. 
  
5.3 To prevent confusion while reducing the potential impact of inaccurate generated information, DeepSeek has added labels within the platform to explicitly remind users that such content is AI generated. You shall not delete, alter, forge, conceal, or attempt to circumvent such labels, nor use this Service to produce or disseminate false information, infringing information, or engage in any illegal or noncompliant activities. 
  
5.4 Given that the Outputs may contain incorrect, incomplete or inaccurate content, if you use the Outputs for any purpose that could have a legal or material impact on natural persons, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them, such Outputs shall undergo human reviews; and you shall be solely and independently liable for the corresponding liabilities. 
  
5.5 We have published the "Model Principles and Training Methods Explanation" to clarify the foundation model's training process and content generation mechanisms, helping you understand AI technology and guard against various risks that may arise from misuse or improper use. 
  
Intellectual Property 
6.1 DeepSeek is the developer and operator of this service and holds all rights within the scope permitted by laws and regulations in this service (including but not limited to software, technology, programs, code, model weights and parameters, user interfaces, web pages, text, graphics, layout designs, trademarks, electronic documents, etc.), including but not limited to copyrights, trademark rights, patent rights, and other intellectual property rights. However, this excludes rights that relevant rights holders are entitled to under legal provisions or the terms of this agreement (such as Inputs and Outputs). 
  
6.2 Without our permission, you or your end users shall not use any trademarks, service marks, trade names, domain names, website names, company logos (LOGOs), URLs, or other prominent brand features related to the Services, including but not limited to "DeepSeek," etc., in any way, either singly or in combination. You are not allowed to display, use, or apply for registration of trademarks, domain names, etc., related to the aforementioned terms in any way, and you shall not perform acts that expressly or implicitly indicate the right to display, use, or otherwise deal with these identifiers to others except as permitted by the relevant law and licensed by DeepSeek. 
  
Complaints and Feedback 
If you believe that our service infringes on your intellectual property rights or other rights, or if you find any illegal, false information or behaviors that violate these Terms, or if you have any comments and suggestions about our services, you can submit them by going to the product interface, checking the avatar, and clicking the "Contact Us" button, or by providing truthful feedback to us through our publicly listed contact email as provided in Section 11. We take your opinions seriously and will take legal actions accordingly. We appreciate your feedback, and you agree that we may use it without restriction or compensation to you. 
  
Disclaimer of Warranties, Limitations of Liability, and Indemnity 
8.1 NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER. 
  
8.2 In response to your violation of these Terms or other service terms, or your use of our Services could cause risk or harm to DeepSeek, our users, or anyone else, DeepSeek reserves the right to independently judge and take measures against you, including but not limited to, issuing warnings, setting deadlines for correction, restricting account functions, suspending usage, closing accounts, prohibiting re-registration, deleting relevant content, etc.. For behaviors suspected of violating laws and regulations or involving illegal activities, relevant records will be retained, and reports will be made to the competent authorities in accordance with the law, cooperating with their investigations. You shall be responsible for any legal liabilities, claims, demands, or losses asserted by third parties resulting therefrom, and you shall compensate us for any losses incurred, including but not limited to litigation fees, arbitration fees, attorney fees, notary fees, announcement fees, appraisal fees, travel expenses, investigation and evidence collection fees, compensation, liquidated damages, settlement costs, and administrative fines incurred in protecting our rights. However, if we are also at fault, liability shall be apportioned between you and Deepseek based on the degree of fault, as determined under applicable laws and regulations. 
  
8.3 THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE 
MAKE NO WARRANTY, REPRESENTATION OR CONDITION TO YOU WITH RESPECT TO 
THEM, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY 
IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION. IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT TO YOU: 
(1)	THAT YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; 
(2)	THAT YOUR USE OF THE SERVICES OR ANY PART THEREOF WILL BE 
UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; 
(3)	THAT ANY OUTPUT OR OTHER INFORMATION OBTAINED BY YOU AS A RESULT OF 
YOUR USE OF THE SERVICES WILL BE ACCURATE, UP-TO-DATE, RELIABLE, NON-
INFRINGING OR SECURE; 
(4)	THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICES WILL BE CORRECTED;OR 
(5)	WITH RESPECT TO THIRD PARTY OFFERINGS. 
  
8.4	Unless otherwise agreed, either DeepSeek or you shall not be liable for the other’s incidental, consequential, punitive, special, or indirect losses or damages, including but not limited to the loss of profits or goodwill, unless such losses or damages result from its own intentional or gross negligent conduct. This limitation applies irrespective of any litigation brought under breach, tort, compensation, or any other legal grounds, even if the party was informed of the possibility of such losses. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID 
FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE 
THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 
  
8.5	You agree to indemnify, defend, and hold us, our affiliates, employees and licensors (if any) harmless against any liabilities, damages, and costs (including reasonable attorneys' fees) payable to a third party arising out of a breach by you or any user of your account of these Terms, your violation of all applicable laws and regulations or third party rights, your fraud or other illegal acts, or your intentional misconduct or gross negligence, to the extent permitted by the applicable law. 
  
8.6	DeepSeek’s affiliates, suppliers, licensors, and employees are intended third party beneficiaries of this section. 
  
Export Control and Sanctions 
You understand that your use of Services, providing Inputs to and obtaining Outputs via Services, might be subject to all applicable laws and regulations of export controls and sanctions laws (collectively "Export Control and Sanctions Laws") . You recognize that you are solely responsible for complying with all applicable Export Control and Sanctions Laws related to the access and use of the Services of you and your end user. You represent and warrant that Services may not be used in or for the benefit of, or exported, re-exported, or transferred (a) to or within any country subject to comprehensive sanctions under Export Control and Sanctions Laws; (b) to any party on any restricted party lists under any applicable Export Control and Sanctions Laws that would prohibit your use of Services. Our Services shall not be used for any end use prohibited by applicable Export Control and Sanctions Laws, and your and your end user's Inputs shall not include material or information that requires a license for release or export. 
  
Governing Law and Jurisdiction 
10.1 The establishment, execution, interpretation, and resolution of disputes under these Terms shall be governed by the laws of the People's Republic of China in the mainland. 
  
10.2 In the event of a dispute arising from the signing, performance, or interpretation of these Terms, the parties can make efforts to resolve it amicably through negotiation. Also either party has the right to file a lawsuit with a court having jurisdiction over the location of the registered office of Hangzhou DeepSeek Artificial Intelligence Co., Ltd. 
  
Miscellaneous 
11.1 In order to provide you with better services or to comply with changes in national laws, regulations, policy adjustments, technical conditions, product functionalities, and other requirements, we may revise these Terms from time to time. The revised content will form an integral part of these Terms. Once announced, it replaces the original terms. Please refer to the latest version of these Terms on the official website. If you do not accept the modified terms, please stop using the Service immediately. Your continued usage of the Service will be considered as your acceptance of the modified terms. 
  
11.2 If you notice any violation of laws and regulations or breach of these Terms or you have any opinions or suggestions regarding these Terms or the Services, you can contact us through the following methods: 
Online Complaints and Feedback Portal: Click the "Contact us" button on the product interface after logging in. 
Contact Email: service@deepseek.com 
 
 
Perplexity Terms of Service

Last updated: January 23rd, 2026


Welcome to the Terms of Service (these “Terms”) for Perplexity AI, Inc.’s (“Company”, “we” or “us”) websites, www.perplexity.ai and https://labs.perplexity.ai (the “Websites”), artificial-intelligence powered search engine (the “Perplexity Engine”), related mobile application (the “App”), and any content, tools, features and functionality offered on or through our Website, the Perplexity Engine and the App (collectively, the “Services”). These Terms do not govern use of the Company’s APIs (which are governed by the Perplexity API Terms of Service located here: https://www.perplexity.ai/hub/legal/perplexity-api-terms-of-service) or Perplexity Pro for Enterprise (which is governed by the Perplexity Pro for Enterprise Terms located here: (https://www.perplexity.ai/hub/legal/enterprise-terms-of-service).

These Terms govern your access to and use of the Services. Please read these Terms carefully, as they include important information about your legal rights. By accessing and/or using the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not use the Services.

For purposes of these Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.

SECTION 9 CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. BY AGREEING TO THESE TERMS, YOU AGREE (A) TO RESOLVE ALL DISPUTES (WITH LIMITED EXCEPTION) RELATED TO THE COMPANY’S SERVICES AND/OR PRODUCTS THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND (B) TO WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS, AS SET FORTH BELOW. YOU HAVE THE RIGHT TO OPT-OUT OF THE ARBITRATION CLAUSE AND THE CLASS ACTION WAIVER AS EXPLAINED IN SECTION 9.

1.	THE SERVICES

1.1 Input and Output. 

1.	As a part of the Services, you can input, upload and submit information and other materials (“Input”) into the Perplexity Engine, and the Perplexity Engine will use artificial intelligence tools and functionalities to generate responses based on your Input (“Output”). Your use of the Perplexity Engine, including any Outputs, may also be subject to license and use restrictions set forth in a third-party LLM license, if applicable. Any Input will be deemed “Your Content” under these Terms.

2.	You may not direct the Services to generate any Output in violation of any applicable intellectual property right, contractual restriction or other law. By submitting any Input through the Services, you represent that you have obtained all rights, licenses, consents, permissions, power and/or authority necessary to submit and use (and allow us to use) such Input in connection with the Services. You represent and warrant that your submission of Input in connection with your use of the Services, including to generate Output, will not breach any law or any third party’s terms and conditions associated with such Input. You may not (i) publish any Output generated by the Services without clearly citing the Services, or (ii) misrepresent the source of any Output or the fact that it was generated by artificial intelligence.

1.2 Eligibility. You must be 13 years of age or older to use the Services. Minors under the age of majority in their jurisdiction but that are at least 13 years of age are only permitted to use the Services if the minor’s parent or guardian accepts these Terms on the minor’s behalf prior to use of the Services. Children under the age of 13 are not permitted to use the Services. By using the Services, you represent and warrant that you meet these requirements.


2.	USER ACCOUNTS, SUBSCRIPTIONS AND FREE TRIALS

2.1 Creating and Safeguarding Your Account. To use certain of the Services, you need to create an account or link another account, such as your Apple or Google account (“Account”). You agree to provide us with accurate, complete and updated information for your Account. You can access, edit and update your Account through the settings page of your Account profile. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your Account. You must immediately notify us at support@perplexity.ai if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account. You agree not to create an Account if we have previously removed your Account, or we previously banned you from any of our Services, unless we provide written consent otherwise. 

2.2 Paid Services. Certain of our Services are free; however, if you subscribe to any of our paid Services, you agree to pay us the applicable fees and taxes in U.S. Dollars. Failure to pay these fees and taxes will result in the termination of your access to the paid Services. You agree that (a) if you purchase a recurring subscription to any of the Services, we may store and continue billing your payment method (e.g. credit card) to avoid interruption of such Services, and (b) we may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. We reserve the right to change our subscription plans or adjust pricing for the paid Services in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise provided in these Terms, any price changes or changes to your subscription plan will take effect following reasonable notice to you. All subscriptions are payable in accordance with payment terms in effect at the time the subscription becomes payable. Payment can be made by credit card, debit card, or other means that we may make available. Subscriptions will not be processed until payment has been received in full, and any holds on your account by any other payment processor are solely your responsibility.

2.3 Subscription Renewals and Cancellations. You agree that if you purchase a subscription, your subscription will automatically renew at the subscription period frequency referenced on your subscription page (or if not designated, then monthly) and at the then-current rates, and your payment method will automatically be charged at the start of each new subscription period for the fees and taxes applicable to that period. To avoid future subscription charges, you must cancel your subscription before the subscription period renewal date through the settings page of your Account profile or by emailing support@perplexity.ai.

2.4 No Subscription Refunds. Except as expressly set forth in these Terms or in any country-specific billing and consumer information pages, payments for any subscriptions to the Services are nonrefundable and there are no credits for partially used periods. Following any cancellation by you, however, you will continue to have access to the paid Services through the end of the subscription period for which payment has already been made. 

2.5 Free Trials. You may receive free trial access to the Services, including through third-party promotions. Free trials may be subject to additional terms and conditions, are non-transferrable, and have no monetary value. Violating any additional terms and conditions or these Terms may result in immediate termination of your free trial. Free trials are available only to users that have not previously subscribed to the Services or previously received a free trial. In order to receive your free trial, you must agree to Perplexity’s sign-up requirements, which Perplexity may update from time-to-time and which may include providing a valid credit card and email address. If a credit card is required, your credit card will not be charged until after your free trial expires. Upon expiration of your free trial, you will be charged the then-current subscription price for the applicable Service. You may cancel your free trial at any time by navigating to perplexity.ai/account/details, selecting “view details” and “cancel subscription” while logged in.


3.	ORDERS FOR PRODUCTS AND/OR SERVICES 

3.1 Payment. The Services may permit you to purchase certain other products or services, such as merchandise (“Offerings”). You acknowledge and agree that all information you provide with regards to a purchase of Offerings, including, without limitation, credit card, PayPal, or other payment information, is accurate, current and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including, without limitation, any credit card you provide when completing a transaction. We reserve the right, with or without prior notice and in our sole and complete discretion, to (a) discontinue, modify, or limit the available quantity of, any Offerings, and (b) refuse to allow any user to purchase any Offering or deliver such Offerings to a user or a user designated address. When you purchase Offerings, you (i) agree to pay the price for such Offerings as set forth in the applicable Service, and all shipping and handling charges and all applicable taxes in connection with your purchase (the “Full Purchase Amount”), and (ii) authorize us to charge your credit card or other payment method for the Full Purchase Amount. Unless otherwise noted, all currency references are in U.S. Dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. Payment can be made by credit card, debit card, or through PayPal or other means that we may make available. Orders will not be processed until payment has been received in full, and any holds on your account by PayPal or any other payment processor are solely your responsibility. 

3.2 Promotional Codes. We may offer certain promotional codes, referral codes, discount codes, coupon codes or similar offers (“Promotional Codes”) that may be redeemed for discounts on benefits related to the Services or future Offerings, subject to any additional terms that the Company establishes. You agree that Promotional Codes: (a) must be used in a lawful manner; (b) must be used for the intended audience and purpose; (c) may not be duplicated, sold or transferred in any manner, or made available by you to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by the Company; (d) may be disabled or have additional conditions applied to them by the Company at any time for any reason without liability to the Company; (e) may only be used pursuant to the specific terms that the Company establishes for such Promotional Code; (f) are not valid for cash or other credits or points; and (g) may expire prior to your use. 

3.3 Changes and Pricing. The Company may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of any Offerings. While we attempt to be as accurate as we can in our descriptions for the Offerings, we do not warrant that Offering descriptions are accurate, complete, reliable, current, or error-free. The inclusion of any Offerings for purchase through the Services at a particular time does not imply or warrant that the Offerings will be available at any other time. We reserve the right to change prices for Offerings displayed on the Services at any time, and to correct pricing errors that may inadvertently occur (and to cancel any orders in our sole discretion that were purchased with pricing errors). All such changes shall be effective immediately upon posting of such new Offering prices to the Services and/or upon making the customer aware of the pricing error. 

3.4 Order Acceptance; Shipment. Once we receive your order for an Offering, we will provide you with an order confirmation. Your receipt of an order confirmation, however, does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order. We reserve the right at any time after receiving your order to accept or decline your order for any reason and in our sole discretion. If we cancel an order after you have already been billed, then we will refund the billed amount. Title and risk of loss for any purchases of physical products pass to you upon our delivery to our carrier. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment. All orders are shipped using one of our third-party couriers. Online tracking may be available at our courier’s website (for example, FedEx), though we make no warranties regarding its availability because it is not under our control. While deliveries may be scheduled for a specified arrival, we cannot guarantee delivery by any specific date or time.

3.5 Manufacturer’s Warranty and Disclaimers. Certain of the Offerings made available on the Services are manufactured by third parties (“Third-Party Offerings”). The availability of Third-Party Offerings through the Services does not indicate an affiliation with or endorsement by us of any Third-Party Offering or its manufacturer. Accordingly, we do not provide any warranties with respect to the Third-Party Offerings. 

3.6 No Delivery to Children. Users are not allowed to give the Company the personal information of any persons under the age of 13 for delivery or shipping purposes or any other reason.


4.	LOCATION OF OUR PRIVACY POLICY 

4.1 Privacy Policy. Our Privacy Policy describes how we handle the information you provide to us when you use the Services. For an explanation of our privacy practices, please visit our Privacy Policy located at https://www.perplexity.ai/hub/legal/privacy-policy. 

5.	RIGHTS WE GRANT YOU

5. 1 Right to Use Services. We hereby permit you to use the Services for your personal, non-commercial use only, provided that you comply with these Terms in connection with all such use. If any software, content or other materials owned or controlled by us are distributed to you as part of your use of the Services, we hereby grant you, a personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such software, content and materials provided to you as part of the Services (and right to download a single copy of the App onto your applicable equipment or device), in each case for the sole purpose of enabling you to use the Services as permitted by these Terms. Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that Company, in its sole discretion, may elect to take.

5.2 Restrictions On Your Use of the Services. You may not do any of the following in connection with your use of the Services, unless applicable laws or regulations prohibit these restrictions or you have our written permission to do so:

1.	download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Services, except for temporary files that are automatically cached by your web browser for display purposes, or as otherwise expressly permitted in these Terms;
2.	duplicate, decompile, reverse engineer, disassemble or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same;
3.	use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services;
4.	use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Services;
5.	exploit the Services for any commercial purpose, including without limitation communicating or facilitating any commercial advertisement or solicitation; 
6.	access or use the Services in any manner that could disable, overburden, damage, disrupt or impair the Services or interfere with any other party’s access to or use of the Services or use any device, software or routine that causes the same;
7.	attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Services;
8.	circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services, third-party systems or third-party content;
9.	use any robot, spider, crawlers, scraper, or other automatic device, process, software or queries that intercepts, “mines,” scrapes, extracts, or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same; 
10.	introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems;
11.	submit, transmit, display, perform, post or store any content that is unlawful, defamatory, obscene, excessively violent, pornographic, invasive of privacy or publicity rights, harassing, abusive, hateful, or cruel, or otherwise use the Services in a manner that is obscene, excessively violent, harassing, hateful, cruel, abusive, pornographic, inciting, organizing, promoting or facilitating violence or criminal activities;
12.	violate any applicable law or regulation in connection with your access to or use of the Services; or
13.	access or use the Services in any way not expressly permitted by these Terms. 

5.3 Use of the App. You are responsible for providing the mobile device, wireless service plan, software, Internet connections and/or other equipment or services that you need to download, install and use the App. We do not guarantee that the App can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the App or will be available in, or that orders for Offerings can be placed from, any particular geographic location. As part of the Services and to update you regarding the status of deliveries, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you in connection with the App (“Push Messages”). You acknowledge that, when you use the App, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services or through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the App, including your receipt of Push Messages from the Company. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the App on your mobile device, including for your receipt of Push Messages from the Company.

5.4 Mobile Software from the Apple App Store. The following terms and conditions apply to you only if you are using the App from the Apple App Store. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to your use of the App from the Apple App Store. You acknowledge and agree that these Terms are solely between you and the Company, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store’s applicable terms of use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you. 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 solely governed by these Terms. You and the Company acknowledge that Apple is not responsible for addressing any claims of yours or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation. You and the Company acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You must comply with applicable third-party terms of agreement when using the App. You and the Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as they relate to your use of the App, and that, upon your acceptance of these Terms, Apple 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.

5.5 Beta Offerings. From time to time, we may, in our sole discretion, include certain test or beta features or products in the Services (“Beta Offerings”) as we may designate from time to time. Your use of any Beta Offering is completely voluntary. The Beta Offerings are provided on an “as is” basis and may contain errors, defects, bugs, or inaccuracies that could cause failures, corruption or loss of data and information from any connected device. You acknowledge and agree that all use of any Beta Offering is at your sole risk. You agree that once you use a Beta Offering, your content or data may be affected such that you may be unable to revert back to a prior non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Offering back to the prior non-beta version. If we provide you any Beta Offerings on a closed beta or confidential basis, we will notify you of such as part of your use of the Beta Offerings. For any such confidential Beta Offerings, you agree to not disclose, divulge, display, or otherwise make available any of the Beta Offerings without our prior written consent. 


6.	OWNERSHIP AND CONTENT

6.1 Ownership of the Services. The Services, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that the Company and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and its content (other than Your Content), including, without limitation, the exclusive right to create derivative works. 

6.2 Ownership of Trademarks. The Company’s name, trademarks, logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. 

6.3 Ownership of Feedback. We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of the Company, and the Company may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to the Company any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback. 

6.4 Your Content. 

1.	In connection with your use of the Services, you may be able to post, upload, or submit content to be made available through the Services (collectively with Input, “Your Content”). As between the Company and you, the Company does not claim any ownership in Your Content; provided that, the Company or its affiliates and their respective licensors own and will continue to own the Services and any and all other software or technology that was used to generate any Output. 

2.	In order to operate the Service, we must obtain from you certain license rights in Your Content so that actions we take in operating the Service are not considered legal violations. Accordingly, by using the Service and uploading Your Content, you grant us a license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute, and modify Your Content to operate, improve, promote and provide the Services, including to reproduce, transmit, display, publish and distribute Output based on your Input. You agree that these rights and licenses are royalty free, transferable, sub-licensable, worldwide and irrevocable (for so long as Your Content is stored with us), and include a right for us to make Your Content available to, and pass these rights along to, others with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services, and to otherwise permit access to or disclose Your Content to third parties if we determine such access is necessary to comply with our legal obligations. 

3.	To the fullest extent permitted by applicable law, the Company reserves the right, and has absolute discretion, to remove, screen, edit, or delete any of Your Content at any time, for any reason, and without notice. By posting or submitting Your Content through the Services, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for Your Content. You agree that Your Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above. 

6.5 Notice of Infringement – DMCA (Copyright) Policy. If you believe that any text, graphics, photos, audio, videos or other materials or works uploaded, downloaded or appearing on the Services have been copied in a way that constitutes copyright infringement, you may submit a notification to our copyright agent in accordance with 17 USC 512(c) of the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing:

4.	identification of the copyrighted work that is claimed to be infringed;
5.	identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Service;
6.	information for our copyright agent to contact you, such as an address, telephone number and e-mail address;
7.	a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law; 
8.	a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and
9.	the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.

Notices of copyright infringement claims should be sent by mail to: 115 Sansome St. Suite 900, San Francisco, CA 94104 (US) or by e-mail to support@perplexity.ai. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.

A user of the Services who has uploaded or posted materials identified as infringing as described above may supply a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. When we receive a counter-notification, we may reinstate the posts or material in question, in our sole discretion. To file a counter-notification with us, you must provide a written communication (by fax or regular mail or by email) that sets forth all of the items required by sections 512(g)(2) and (3) of the DMCA. Please note that you will be liable for damages if you materially misrepresent that content or an activity is not infringing the copyrights of others. 


7.	THIRD-PARTY SERVICES AND MATERIALS

7.1 Use of Third-Party Materials in the Services. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third-Party Materials”) or provide links to certain third-party websites. Third-Party Materials include the open source software or other third-party software, such as third-party large language models, that are included in the artificial intelligence and machine learning models you access or use through the Services. By using the Services, you acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third-Party Materials or third-party websites, or for any other materials, products, or services of third parties. Third-Party Materials and links to other websites are provided solely as a convenience to you. 


8.	DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNIFICATION

8.1 Disclaimers. 

1.	Your access to and use of the Services are at your own risk. You understand and agree that the Services, including any Offerings, are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, the Company, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (the “Company Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The Company Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; (c) the operation or compatibility with any other application or any particular system or device; (d) whether the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis; and (e) the deletion of, or the failure to store or transmit, Your Content and other communications maintained by the Services. No advice or information, whether oral or written, obtained from the Company Entities or through the Services, will create any warranty or representation not expressly made herein.

2.	You acknowledge that the Services may generate Output containing incorrect, biased, or incomplete information. The Company shall have no responsibility or liability to you for the infringement of the rights of any third party in your use of any Output. You should not rely on the Services or any Output for advice of any kind, including medical, legal, investment, financial or other professional advice. Any Output is not a substitute for advice from a qualified professional. You acknowledge that due to the nature of generative artificial intelligence tools, other users of the Services may create and use their own Output that is similar or the same as your Output, such as because the same or similar Input was provided, and you agree that such other users can use their own individually created Output for their own internal business purposes.

3.	THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING THE STATE OF NEW JERSEY, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES AS SET FORTH IN SECTION 8.2 BELOW. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

4.	THE COMPANY ENTITIES TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES, INCLUDING ANY OUTPUT. 

5.	YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH THE COMPANY ENTITIES WILL BE RESPONSIBLE FOR.

8.2 Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING INDIRECT SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES (INCLUDING ANY OUTPUT) OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OUTPUT, OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES OR OUTPUT. THE COMPANY ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00), OR THE AMOUNT YOU PAID THE COMPANY ENTITIES, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES (OR OFFERINGS PURCHASED ON THE SERVICES) GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 

8.3 Indemnification. By entering into these Terms and accessing or using the Services, you agree that you shall defend, indemnify and hold the Company Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by the Company Entities arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your misuse of the Services; (d) Your Content; or (e) your negligence or wilful misconduct. If you are obligated to indemnify any Company Entity hereunder, then you agree that Company (or, at its discretion, the applicable Company Entity) will have the right, in its sole discretion, to control any action or proceeding and to determine whether Company wishes to settle, and if so, on what terms, and you agree to fully cooperate with Company in the defense or settlement of such claim.


9.	ARBITRATION AND CLASS ACTION WAIVER

9.1 PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

9.2 Informal Process First. You and the Company agree that in the event of any dispute, either party will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action, after first allowing the receiving party 30 days in which to respond. Both you and the Company agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.

9.3 Arbitration Agreement and Class Action Waiver. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to the Company’s services and/or products, including the Services, and any use or access or lack of access thereto, will be resolved by arbitration, including threshold questions of arbitrability of the Claim. You and the Company agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Because your contract with the Company, these Terms, and this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit. Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under these Terms will take place on an individual basis – class arbitrations and Class Actions (as defined below) are not permitted. You understand that by agreeing to these Terms, you and the Company are each waiving the right to trial by jury or to participate in a Class Action or class arbitration.

9.4 Exceptions. Notwithstanding the foregoing, you and the Company agree that the following types of disputes will be resolved in a court of proper jurisdiction: 

1.	Claims within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual dispute and not as a class, representative, or consolidated action or proceeding;
2.	Claims where the sole form of relief sought is injunctive relief (including public injunctive relief); or 
3.	intellectual property Claims.

9.5 Costs of Arbitration. Payment of all filing, administration, and arbitrator costs and expenses will be governed by the JAMS Rules, except that if you demonstrate that any such costs and expenses owed by you under those rules would be prohibitively more expensive than a court proceeding, the Company will pay the amount of any such costs and expenses that the arbitrator determines are necessary to prevent the arbitration from being prohibitively more expensive than a court proceeding (subject to possible reimbursement as set forth below). Fees and costs may be awarded as provided pursuant to applicable law. If the arbitrator finds that either the substance of your Claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS Rules. In that case, you agree to reimburse the Company for all monies previously disbursed by it that are otherwise your obligation to pay under the applicable rules. If you prevail in the arbitration and are awarded an amount that is less than the last written settlement amount offered by the Company before the arbitrator was appointed, the Company will pay you the amount it offered in settlement. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

9.6 Opt-Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to support@perplexity.ai or to the U.S. mailing address listed in the “How to Contact Us” section of these Terms. The notice must be sent to the Company within 30 days of your first registering to use the Services or agreeing to these Terms; otherwise you shall be bound to arbitrate disputes on a non-class basis in accordance with these Terms. If you opt out of only the arbitration provisions, and not also the Class Action waiver, the Class Action waiver still applies. You may not opt out of only the Class Action waiver and not also the arbitration provisions. If you opt-out of these arbitration provisions, the Company also will not be bound by them.

9.7 WAIVER OF RIGHT TO BRING CLASS ACTION AND REPRESENTATIVE CLAIMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY EACH AGREE THAT ANY PROCEEDING TO RESOLVE ANY DISPUTE, CLAIM, OR CONTROVERSY WILL BE BROUGHT AND CONDUCTED ONLY IN THE RESPECTIVE PARTY’S INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS (OR PURPORTED CLASS), CONSOLIDATED, MULTIPLE-PLAINTIFF, OR REPRESENTATIVE ACTION OR PROCEEDING (“CLASS ACTION”). YOU AND THE COMPANY AGREE TO WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION. YOU AND THE COMPANY EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN A CLASS ACTION IN ANY FORUM. IF THE DISPUTE IS SUBJECT TO ARBITRATION, THE ARBITRATOR WILL NOT HAVE THE AUTHORITY TO COMBINE OR AGGREGATE CLAIMS, CONDUCT A CLASS ACTION, OR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. FURTHER, YOU AND THE COMPANY AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS FOR MORE THAN ONE PERSON’S CLAIMS, AND IT MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS ACTION. FOR THE AVOIDANCE OF DOUBT, HOWEVER, YOU CAN SEEK PUBLIC INJUNCTIVE RELIEF TO THE EXTENT AUTHORIZED BY LAW AND CONSISTENT WITH THE EXCEPTIONS CLAUSE ABOVE. IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES’ AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING SO LONG AS THE PROCEEDING IS PERMITTED TO PROCEED AS A CLASS ACTION. IF A COURT DECIDES THAT THE LIMITATIONS OF THIS PARAGRAPH ARE DEEMED INVALID OR UNENFORCEABLE, ANY PUTATIVE CLASS, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED OR REPRESENTATIVE ACTION MUST BE BROUGHT IN A COURT OF PROPER JURISDICTION AND NOT IN ARBITRATION.


10.	SHOPPING WITH PERPLEXITY PRO

1.	Shop With Pro. If you are a subscriber to Perplexity Pro, you may have the ability to shop certain products offered by third-party merchants (“Merchants” and such products, “Products”), and the Perplexity Engine [and Perplexity Pages (as defined below)] may facilitate the purchase of such Products from Merchants through the ProShop checkout experience (“ProShop”).  We reserve the right, with or without prior notice and in our sole and complete discretion, to refuse to allow any user to purchase any Products through ProShop.  You acknowledge and agree that: 

1.	All purchases of any products using ProShop are from the Merchant directly and not the Company; Additional terms and conditions from Merchants will apply to any purchases you make using ProShop, and you are responsible for reviewing and complying with such additional terms and conditions; Additional terms and conditions from Merchants will apply to any purchases you make using ProShop, and you are responsible for reviewing and complying with such additional terms and conditions;

2.	Additional terms and conditions from Merchants will apply to any purchases you make using ProShop, and you are responsible for reviewing and complying with such additional terms and conditions; Company may send you text messages in connection with your order, and you consent to receiving such text messages in accordance with Section 10.1 above, [provided that, if you do not provide or opt-out of such consent, you will be unable to make any purchases using ProShop]; and Company may send you text messages in connection with your order, and you consent to receiving such text messages in accordance with Section 10.1 above, [provided that, if you do not provide or opt-out of such consent, you will be unable to make any purchases using ProShop]

3.	Company may send you text messages in connection with your order, and you consent to receiving such text messages in accordance with Section 10.1 above, [provided that, if you do not provide or opt-out of such consent, you will be unable to make any purchases using ProShop]; and

4.	Company is not party to any transactions entered into using ProShop and will have no responsibility or liability to you for any products you purchase from Merchants, including any product liability claims or for any additional or improper charges, delivery issues, pricing errors or product descriptions. 

2.	Linked Payment Method. To use ProShop, you must provide a payment method, which may be a U.S. credit or debit card, PayPal account or other payment method approved by us (“Payment Method”).  You acknowledge and agree the Payment Method is accurate, current and complete. You represent and warrant that you have the legal right to use the Payment Method you provide to us or our payment processor, including, without limitation, any credit card you provide when completing a transaction.

3.	Payment. When you complete a transaction through ProShop or make a purchase of Products using the Services, we will provide necessary purchase funds for the purchase on your behalf pursuant to these Terms. We are not a lender and do not provide loans. We do not charge interest or fees on amounts advanced on your behalf pursuant to the purchases of Products through ProShop.At the time of each transaction through ProShop, you contemporaneously authorize us to initiate one or more debits to your Payment Method to deduct total funds equaling the transaction amount, which includes the purchase price of the Products, plus all shipping and handling charges and all applicable taxes in connection with your purchase. These debits are for the purpose of reimbursing Company for purchases made on your behalf via ProShop. Please contact us if you want to cancel this authorization. You also authorize us to retry any failed authorizations. We may use data provided to us by our partners to determine when to schedule such retries. Unless otherwise noted, all currency references are in U.S. Dollars.   
      
4.	Cancellations, Returns & Refunds. If you have an issue with your order, would like to cancel your order or would like to initiate a return or request a refund, please contact the Merchant directly first. The Merchant will follow their own policy on returns, refunds, cancellations, missing orders and damaged or defective items. If the Merchant confirms you are eligible for a refund, any refunds will be made to the payment method you originally used to make the purchase. 

5.	Release. To the maximum extent permitted by applicable law, you release Company and its officers, directors, employees, agents, and successors from any claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to any dispute you have with a Merchant in connection purchases made using ProShop. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”  We do not endorse, warrant or guarantee any such products or services from Merchants. If you have a dispute with any Merchant, as applicable, we have no obligation or responsibility to become involved, though we may do so at our election in our sole discretion. 


11.	ADDITIONAL PROVISIONS

11.1 SMS Messaging and Phone Calls. Certain portions of the Services may allow us to contact you via telephone or text messages. You agree that the Company may contact you via telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with your use of the Services, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any Offerings or Services. You also understand that you may opt out of receiving text messages from us at any time. If you do not choose to opt out, we may contact you as outlined in our Privacy Policy.

11.2 Updating These Terms. We may modify these Terms from time to time in which case we will update the “Last Revised” date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a prominent notice on the first page of the Website. However, it is your sole responsibility to review these Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms. No amendment shall apply to a dispute for which an arbitration has been initiated prior to the change in Terms.

11.3 Termination of License and Your Account. If you breach any of the provisions of these Terms, all licenses granted by the Company will terminate automatically. Additionally, the Company may suspend, disable, or delete your Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason. If the Company deletes your Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name. In the event of Account deletion for any reason, the Company may, but is not obligated to, delete any of Your Content. the Company shall not be responsible for the failure to delete or deletion of Your Content. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by the Company or you. Termination will not limit any of the Company’s other rights or remedies at law or in equity. 

11.4 Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to the Company for which monetary damages would not be an adequate remedy and the Company shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.

11.5 California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

11.6 Export Laws. You agree that you will not export or re-export, directly or indirectly, the Services and/or other information or materials provided by the Company hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You are responsible for and hereby agree to comply at your sole expense with all applicable United States export laws and regulations.

11.7 Miscellaneous. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder may be assigned by the Company but may not be assigned by you without the prior express written consent of the Company. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. The Services are operated by us in the United States. Those who choose to access the Services from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. These Terms are governed by the laws of the State of California, without regard to conflict of laws rules, and the proper venue for any disputes arising out of or relating to any of the same will be the arbitration venue set forth in Section 9, or if arbitration does not apply, then the state and federal courts located in San Francisco, California. You and the Company agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms. 

11.8 How to Contact Us. You may contact us regarding the Services or these Terms at: 115 Sansome St. Suite 900, San Francisco, CA 94104, by phone at +1 (510) 270-0840 or by e-mail at support@perplexity.ai.
 
Terms of Use
Effective: January 1, 2026 (Previous version⁠)
Thank you for using OpenAI!
These Terms of Use apply to your use of ChatGPT, DALL·E, and OpenAI’s other services for individuals, along with any associated software applications and websites (all together, “Services”). These Terms form an agreement between you and OpenAI OpCo, LLC, a Delaware company, and they include our Service Terms⁠⁠ and important provisions for resolving disputes through arbitration. By using our Services, you agree to these Terms. 
If you reside in the European Economic Area, Switzerland, or the UK, your use of the Services is governed by these terms⁠⁠.
Our Business Terms⁠⁠ govern use of ChatGPT Enterprise, our APIs, and our other services for businesses and developers. 
Our Privacy Policy⁠⁠ explains how we collect and use personal information. Although it does not form part of these Terms, it is an important document that you should read.
Who we are
OpenAI is an AI research and deployment company. Our mission is to ensure that artificial general intelligence benefits all of humanity. For more information about OpenAI, please visit https://openai.com/about⁠⁠.
Registration and access
Minimum age. You must be at least 13 years old or the minimum age required in your country to consent to use the Services. If you are under 18 you must have your parent or legal guardian’s permission to use the Services. 
Registration. You must provide accurate and complete information to register for an account to use our Services. You may not share your account credentials or make your account available to anyone else and are responsible for all activities that occur under your account. If you create an account or use the Services on behalf of another person or entity, you must have the authority to accept these Terms on their behalf.
Using our Services
What you can do. Subject to your compliance with these Terms, you may access and use our Services. In using our Services, you must comply with all applicable laws as well as our Sharing & Publication Policy⁠⁠, Usage Policies⁠⁠, and any other documentation, guidelines, or policies we make available to you. 
What you cannot do. You may not use our Services for any illegal, harmful, or abusive activity. For example, you may not:
•	Use our Services in a way that infringes, misappropriates or violates anyone’s rights.
•	Modify, copy, lease, sell or distribute any of our Services.
•	Attempt to or assist anyone to reverse engineer, decompile or discover the source code or underlying components of our Services, including our models, algorithms, or systems (except to the extent this restriction is prohibited by applicable law).
•	Automatically or programmatically extract data or Output (defined below).
•	Represent that Output was human-generated when it was not.
•	Interfere with or disrupt our Services, including circumvent any rate limits or restrictions or bypass any protective measures or safety mitigations we put on our Services.
•	Use Output to develop models that compete with OpenAI.
Software. Our Services may allow you to download software, such as mobile applications, which may update automatically to ensure you’re using the latest version. Our software may include open source software that is governed by its own licenses that we’ve made available to you.
Corporate domains. If you create an account using an email address owned by an organization (for example, your employer), that account may be added to the organization's business account with us, in which case we will provide notice to you so that you can help facilitate the transfer of your account (unless your organization has already provided notice to you that it may monitor and control your account). Once your account is transferred, the organization’s administrator will be able to control your account, including being able to access Content (defined below) and restrict or remove your access to the account. 
Third party Services. Our services may include third party software, products, or services, (“Third Party Services”) and some parts of our Services, like our browse feature, may include output from those services (“Third Party Output”). Third Party Services and Third Party Output are subject to their own terms, and we are not responsible for them. 
Feedback. We appreciate your feedback, and you agree that we may use it without restriction or compensation to you.
Content
Your content. You may provide input to the Services (“Input”), and receive output from the Services based on the Input (“Output”). Input and Output are collectively “Content.” You are responsible for Content, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to our Services.
Ownership of content. As between you and OpenAI, and to the extent permitted by applicable law, you (a) retain your ownership rights in Input and (b) own the Output. We hereby assign to you all our right, title, and interest, if any, in and to Output. 
Similarity of content. Due to the nature of our Services and artificial intelligence generally, output may not be unique and other users may receive similar output from our Services. Our assignment above does not extend to other users’ output or any Third Party Output. 
Our use of content. We may use Content to provide, maintain, develop, and improve our Services, comply with applicable law, enforce our terms and policies, and keep our Services safe. If you're using ChatGPT through Apple's integrations, see this Help Center article⁠⁠(opens in a new window) for how we handle your Content.
Opt out. If you do not want us to use your Content to train our models, you can opt out by following the instructions in this article⁠. Please note that in some cases this may limit the ability of our Services to better address your specific use case.
Accuracy. Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate, reliable, safe, and beneficial. Given the probabilistic nature of machine learning, use of our Services may, in some situations, result in Output that does not accurately reflect real people, places, or facts. 
When you use our Services you understand and agree:
•	Output may not always be accurate. You should not rely on Output from our Services as a sole source of truth or factual information, or as a substitute for professional advice.
•	You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output from the Services.
•	You must not use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them. 
•	Our Services may provide incomplete, incorrect, or offensive Output that does not represent OpenAI’s views. If Output references any third party products or services, it doesn’t mean the third party endorses or is affiliated with OpenAI.
Our IP rights
We and our affiliates own all rights, title, and interest in and to the Services. You may only use our name and logo in accordance with our Brand Guidelines⁠⁠.
Paid accounts
Billing. If you purchase any Services, you will provide complete and accurate billing information, including a valid payment method. For paid subscriptions, we will automatically charge your payment method on each agreed-upon periodic renewal until you cancel. You’re responsible for all applicable taxes, and we’ll charge tax when required. If your payment cannot be completed, we may downgrade your account or suspend your access to our Services until payment is received. 
Service credits. You can pay for some Services in advance by purchasing service credits. All service credits are subject to our Service Credit Terms⁠⁠.
Cancellation. You can cancel⁠⁠(opens in a new window) your paid subscription at any time. Payments are non-refundable, except where required by law. These Terms do not override any mandatory local laws regarding your cancellation rights. 
Changes. We may change our prices from time to time. If we increase our subscription prices, we will give you at least 30 days’ notice and any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase.
Termination and suspension
Termination. You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to our Services or delete your account if we determine:
•	You breached these Terms or our Usage Policies⁠⁠.
•	We must do so to comply with the law.
•	Your use of our Services could cause risk or harm to OpenAI, our users, or anyone else.
We also may terminate your account if it has been inactive for over a year and you do not have a paid account. If we do, we will provide you with advance notice.
Appeals. If you believe we have suspended or terminated your account in error, you can file an appeal with us by contacting our Support team⁠⁠(opens in a new window).
Discontinuation of Services
We may decide to discontinue our Services, but if we do, we will give you advance notice and a refund for any prepaid, unused Services.
Disclaimer of warranties
OUR SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED. 
YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.
Limitation of liability
NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Some countries and states do not allow the disclaimer of certain warranties or the limitation of certain damages, so some or all of the terms above may not apply to you, and you may have additional rights. In that case, these Terms only limit our responsibilities to the maximum extent permissible in your country of residence.
OPENAI’S AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS SECTION.
Indemnity
If you are a business or organization, to the extent permitted by law, you will indemnify and hold harmless us, our affiliates, and our personnel, from and against any costs, losses, liabilities, and expenses (including attorneys’ fees) from third party claims arising out of or relating to your use of the Services and Content or any violation of these Terms.
Dispute resolution
YOU AND OPENAI AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS:
MANDATORY ARBITRATION. You and OpenAI agree to resolve any claims arising out of or relating to these Terms or our Services, regardless of when the claim arose, even if it was before these Terms existed (a “Dispute”), through final and binding arbitration. You may opt out of arbitration within 30 days of account creation or of any updates to these arbitration terms within 30 days after the update has taken effect by filling out this form⁠. If you opt out of an update, the last set of agreed upon arbitration terms will apply. 
Informal dispute resolution. We would like to understand and try to address your concerns prior to formal legal action. Before either of us files a claim against the other, we both agree to try to resolve the Dispute informally. You agree to do so by sending us notice through this form⁠. We will do so by sending you notice to the email address associated with your account. If we are unable to resolve a Dispute within 60 days, either of us has the right to initiate arbitration. We also both agree to attend an individual settlement conference if either party requests one during this time. Any statute of limitations will be tolled during this informal resolution process.
Arbitration forum. If we are unable to resolve the Dispute, either of us may commence arbitration with National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures and/or Supplemental Rules for Mass Arbitration Filings, as applicable (available here⁠⁠(opens in a new window)).
OpenAI will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. The activities described in these Terms involve interstate commerce and the Federal Arbitration Act will govern the interpretation and enforcement of these arbitration terms and any arbitration. 
Arbitration procedures. The arbitration will be conducted by videoconference if possible, but if the arbitrator determines a hearing should be conducted in person, the location will be mutually agreed upon, in the county where you reside, or as determined by the arbitrator, unless the batch arbitration process applies. The arbitration will be conducted by a sole arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California. The arbitrator will have exclusive authority to resolve any Dispute, except the state or federal courts of San Francisco, California have the authority to determine any Dispute about enforceability, validity of the class action waiver, or requests for public injunctive relief, as set out below. Any settlement offer amounts will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any. The arbitrator has the authority to grant motions dispositive of all or part of any Dispute. 
Exceptions. This section does not require informal dispute resolution or arbitration of the following claims: (i) individual claims brought in small claims court; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Services or intellectual property infringement or misappropriation.
CLASS AND JURY TRIAL WAIVERS. You and OpenAI agree that Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, and representative actions are prohibited. Only individual relief is available. The parties agree to sever and litigate in court any request for public injunctive relief after completing arbitration for the underlying claim and all other claims. This does not prevent either party from participating in a class-wide settlement. You and OpenAI knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim. 
Batch arbitration. If 25 or more claimants represented by the same or similar counsel file demands for arbitration raising substantially similar Disputes within 90 days of each other, then you and OpenAI agree that NAM will administer them in batches of up to 50 claimants each (“Batch”), unless there are less than 50 claimants in total or after batching, which will comprise a single Batch. NAM will administer each Batch as a single consolidated arbitration with one arbitrator, one set of arbitration fees, and one hearing held by videoconference or in a location decided by the arbitrator for each Batch. If any part of this section is found to be invalid or unenforceable as to a particular claimant or Batch, it will be severed and arbitrated in individual proceedings.  
Severability. If any part of these arbitration terms is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class arbitration, class action, or representative action, this entire dispute resolution section will be unenforceable in its entirety.
Copyright complaints
If you believe that your intellectual property rights have been infringed, please send notice to the address below or fill out this form⁠. We may delete or disable content that we believe violates these Terms or is alleged to be infringing and will terminate accounts of repeat infringers where appropriate.
OpenAI OpCo, LLC
1455 3rd Street
San Francisco, CA 94158
Attn: General Counsel / Copyright Agent
Written claims concerning copyright infringement must include the following information:
•	A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest
•	A description of the copyrighted work that you claim has been infringed upon
•	A description of where the allegedly infringing material is located on our site so we can find it
•	Your address, telephone number, and e-mail address
•	A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
•	A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf
General Terms
Assignment. You may not assign or transfer any rights or obligations under these Terms and any attempt to do so will be void. We may assign our rights or obligations under these Terms to any affiliate, subsidiary, or successor in interest of any business associated with our Services.
Changes to these Terms or our Services. We are continuously working to develop and improve our Services. We may update these Terms or our Services accordingly from time to time. For example, we may make changes to these Terms or the Services due to:
•	Changes to the law or regulatory requirements.
•	Security or safety reasons.
•	Circumstances beyond our reasonable control.
•	Changes we make in the usual course of developing our Services.
•	To adapt to new technologies.
We will give you at least 30 days advance notice of changes to these Terms that materially adversely impact you either via email or an in-product notification. All other changes will be effective as soon as we post them to our website. If you do not agree to the changes, you must stop using our Services.
Delay in enforcing these Terms. Our failure to enforce a provision is not a waiver of our right to do so later. Except as provided in the dispute resolution section above, if any portion of these Terms is determined to be invalid or unenforceable, that portion will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms.
Trade controls. You must comply with all applicable trade laws, including sanctions and export control laws. Our Services may not be used in or for the benefit of, or exported or re-exported to (a) any U.S. embargoed country or territory or (b) any individual or entity with whom dealings are prohibited or restricted under applicable trade laws. Our Services may not be used for any end use prohibited by applicable trade laws, and your Input may not include material or information that requires a government license for release or export. 
Entire agreement. These Terms contain the entire agreement between you and OpenAI regarding the Services and, other than any Service-specific terms, supersedes any prior or contemporaneous agreements between you and OpenAI. 
Governing law. California law will govern these Terms except for its conflicts of laws principles. Except as provided in the dispute resolution section above, all claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts of San Francisco, California.
 
Adobe General Terms of Use

Published October 3, 2025. Effective as of October 3, 2025. These General Terms of Use replace and supersede all prior versions.

These General Terms of Use (“General Terms”), along with any applicable Product Specific Terms (see section 1.2 (Product Specific Terms) below) (collectively, the “Terms”) govern your use of and access to our websites, web-based applications and products, customer support, discussion forums or other interactive areas or services, and services such as Creative Cloud (collectively, the “Services”) and your installation and use of any software that we include as part of the Services, including, without limitation, mobile and desktop applications, Sample Files and Content Files (defined below), scripts, instruction sets, and related documentation (collectively, the “Software”). If you have agreed to the Subscription and Cancellation Terms (https://www.adobe.com/legal/subscription-terms.html), then such terms are also considered part of the Terms. If you are using and accessing the Services and Software through Adobe’s Value Incentive Plan (“VIP”) program, then the Subscription and Cancellation Terms do not apply to you, but the remainder of the Terms will govern your use of and access to the Services and Software. If you have entered into another agreement with us concerning specific Services and Software, then the terms of that agreement control where it conflicts with the Terms.
By using the services or the software, you affirm that you are of legal age to enter into the terms, or, if you are not, that you have obtained parental or guardian consent to enter into the terms.
You must be 13 or older to register for an Adobe ID. Schools and their personnel may deploy Services to children under 13 consistent with the K-12 (Primary and Secondary) and Higher Education Additional Terms for Student Data
(http://www.adobe.com/go/primary-secondary-terms.)



1. Your Agreement with Adobe
1.1 Choice of Law and Contracting Entity
Section 1.1 means:
The country and law(s) that this agreement falls under depends on where you live.
If If you reside in North America (inclusive of the United States, Canada, Mexico, United States territories and possessions, and United States military bases, wherever located), your relationship is with Adobe Inc., a United States company, and the Terms are governed by, and construed and interpreted in accordance with, the laws of the State of California, U.S.A., unless preempted by U.S. federal law, without regard to conflict of law rules. If you reside outside of North America or Japan, your relationship is with Adobe Systems Software Ireland Limited, and the Terms are governed by, and construed and interpreted in accordance with, the laws of Ireland, unless preempted by local law. If you reside in Japan, your relationship is with Adobe KK, a Japanese company, and the Terms are governed by, and construed and interpreted in accordance with, the laws of Japan, without regard to conflict of law rules. For customers in Australia, Adobe Systems Software Ireland Limited is acting as an authorized agent of Adobe Systems Pty Ltd. and is entering into this contract in its capacity as agent for Adobe Systems Pty Ltd. You may have additional rights under your local law. We do not seek to limit those rights where it is prohibited to do so by law. For purposes of the Terms, “Adobe,” “us,” “we,” and “our” mean either Adobe Inc., Adobe Systems Software Ireland Limited, Adobe Systems Pty Ltd., or Adobe KK, as applicable.
1.2 Product Specific Terms
Section 1.2 means:
These are general terms of use that apply to all of Adobe’s products. However, there may also be terms that are specific to the products you use. Product-specific terms always override the general terms.
Our Services and Software are licensed, not sold, to you, and also may be subject to one or more of the additional terms below (“Product Specific Terms”). If there is any conflict between the terms in the General Terms and the Product Specific Terms, then the Product Specific Terms govern in relation to those Services or Software. The Product Specific Terms are subject to change as described in section 1.5 (Updates to Terms) below. Product Specific Terms may also be referred to as Additional Terms.
•	Adobe Acrobat Services (DC APIs)
•	Adobe Acrobat Sign
•	Adobe ColdFusion
•	Adobe Collaboration Space
•	Adobe Developer
•	Adobe Express
•	Adobe Fonts
•	Adobe Generative AI
•	Adobe Spark
•	Adobe Stock
•	Adobe Stock Contributor
•	Adobe Substance 3D Assets
•	Adobe Substance 3D Community Assets
•	Behance
•	Business Customers
•	Demo Assets
•	Document Cloud
•	Frame.io
•	Fuse
•	InDesign Server
•	K-12 and Higher Education
•	Lightroom
•	Medium
•	Photoshop Express
•	Project Aqua
•	Software
1.3 Business Users
Section 1.3 means:
If you’re using an individual Adobe plan, you have control over your content and the work you create. If you’re using a business plan, your organization has access to and control over your work.
If you received an “Entitlement” (which is defined as the right to use, access, and consume the Services and Software) from an organization or group, including but not limited to a business or any other commercial entity, government entity, non-profit organization, or educational institution (each, a “Business”) under one of Adobe’s business plans (such as Creative Cloud for Teams, Creative Cloud for Enterprise, or Document Cloud), then (A) you are a “Business User” of such Business; (B) your Adobe profile associated with such Entitlement is a “Business Profile”; and (C) all references to “you” in the Terms will mean such Business and its Business Users, as applicable. If you are a Business User, you agree that, due to your receipt of Entitlements from such Business, (1) Adobe may provide such Business with the ability to access, use, remove, retain, and control your Business Profile and all Content therein whether uploaded or imported before or after the date the Terms were last updated; (2) your use of the Services and Software is governed by such Business’s agreement with Adobe; and (3) Adobe may provide your personal information to such Business. Access to complimentary Entitlements (“Complimentary Services”) may be provided to any users added to a Business’s Admin Console (as defined in the Business Customers Additional Terms set forth in Section 1.2) and such users would be considered Business Users. If you are a Business User with Entitlements from multiple Businesses, you may have separate Business Profiles associated with each Business. As a Business User, you may have different agreements with or obligations to a Business, which may affect your Business Profile or your Content (defined in 4.1). Adobe is not responsible for any violation by you of such agreements or obligations. If you did not receive Entitlements from a Business (e.g., you subscribed to a Creative Cloud for individuals plan and received Entitlements through this plan), then (a) you are a “Personal User”; (b) your Adobe profile is a personal profile; (c) you maintain sole access and control over all Content in your personal account or personal profile (except as otherwise indicated in the Privacy Policy); and (d) all references to “you” in the Terms will mean you as an individual. If you receive Entitlements through a personal plan and from a Business, then you are both a Personal User and a Business User. You are a Personal User when you utilize the Entitlements you obtained through your personal plan, and you are a Business User when you utilize your Entitlements provided by a Business.
1.4 Business Email Domains
As a Personal User or a Business User, you may create an Adobe account using an email address provided or assigned to you by a Business (such as your work email address). If the Business establishes a direct relationship with us, they may want to add your account to such relationship. If this happens, the Business may, with prior notice from the Business or us, roll your account into the Business’s account. This means the Business may (A) access the account; (B) take control over the account and any Content therein whether stored, uploaded, or imported before or after the date the Terms were last updated; and (C) recommend any non-Business Content associated with such account to be moved to a new account that utilizes an email address not associated with such Business. You, as a Personal User with an Adobe account assigned to a Business or a Business User, also acknowledge that Adobe may provide your personal information to such Business (including, for clarity, sharing your information with an administrator of your Business), such as your name, email address and Entitlement information. If you do not want a Business to access, use, remove, retain, or control an account or profile, then do not use a Business email address with that account. Information regarding Content storage and access, and how you may change the email address associated with your account may be found here: https://adobe.com/go/business-storage-helpx. Adobe may share information about the Business, such as name and email address of the administrator, to a Business User.
1.5 Updates to Terms
Section 1.5 means:
Sometimes change happens. We’ll notify you when there are important changes to these terms or to your subscription.
We may make changes to the Terms from time to time ranging from cleaning up typos to changes in policy. If we make any important changes, we will notify you. Any such changes will not apply to any dispute between you and Adobe arising prior to the date on which we posted the revised Terms incorporating such changes, or when the Terms otherwise become effective. Please review the Terms regularly. If you do not agree to the amended Terms, you must stop using our Services and Software and, if applicable, cancel your subscription.
2. Privacy
2.1 Privacy
For information about how we collect, use, share, or otherwise process information about you and your use of our Services and Software, please see our Privacy Policy (http://www.adobe.com/go/privacy). You have the option to manage information preferences here: https://www.adobe.com/privacy/opt-out.html.
2.2 Our Access to Your Content
Section 2.2 means:
No one but you owns your content, but we need access to your content as necessary to operate Adobe applications and services. We limit our access to very specific purposes.
We review content that is on our servers to screen for certain types of illegal content (such as child sexual abuse material), or other abusive content or behavior (for example, patterns of activity that indicate spam or phishing). We start this process with an automated machine-driven review, but if our automated systems or another user flags an issue, a person may review the content to confirm if it is illegal or abusive.
A person may review your content on our servers in limited circumstances, such as upon your request, when you choose to let us use your content to improve our products or when your content is flagged or reported as illegal.
Here’s what we don't do: We don’t scan or review content that is stored locally on your device. We also don’t train generative AI models on your or your customers’ content unless you’ve submitted the content to the Adobe Stock marketplace.
We respect your rights to your Content (defined in Section 4.1) and limit our access to your Content in the following ways:
(A) Operational Use. Our Services and Software will access your Local and Cloud Content to enable the normal running of the Services and Software, for example, allowing Photoshop to open your file so you can edit it.
(B) No Scanning or Review of Local Content. For Content stored locally on your device (“Local Content”), we do not scan or review your Content.
(C) Illegal and Abusive Cloud Content. For Content that you have uploaded to our servers or create using our cloud-based Services (“Cloud Content”), Content may be automatically scanned to ensure we are not hosting illegal or abusive content, like Child Sexual Abuse Material.
(D) Content Analytics with Cloud Content. Subject to your opt-out rights, we may perform Content Analytics (see section 4.3(B)) with Cloud Content to help us understand how our users are using our Services and Software to allow us to improve your Services and Software experience, provide recommendations to you, and customize your experience. Learn more about your right to opt out of us performing Content Analytics using your Content (adobe.com/go/contentanalysisfaq) and usage data (adobe.com/go/usagedatafaq). Insights from Content Analytics may be used to inform our marketing to you, subject to your opt-out and consent rights regarding our marketing.
(E) Public and Shared Cloud Content. For Cloud Content on our Adobe Stock platform and other public-facing platforms like Behance and Lightroom communities, all Cloud Content is subject to review for intellectual property issues and safety issues (for example, violence and nudity). If you choose to share your Cloud Content with others using our Software and Services, we may automatically review this shared Cloud Content to flag abusive behavior (such as spam or phishing).
(F) Generative AI. We will not use your Local or Cloud Content to train generative AI models except for Content you choose to submit to the Adobe Stock marketplace, and this use is governed by the separate Adobe Stock Contributor Agreement.
(G) Human Review of Cloud Content. For Cloud Content, human review may occur in limited circumstances:
1.	when you ask us (like contacting our support team);
2.	when you make your Cloud Content publicly available (like on Adobe Stock or Behance);
3.	when your Cloud Content is flagged or reported as illegal or abusive (like Child Sexual Abuse Materials); or
4.	when you opt in to a prerelease, beta, or product improvement program (like the Adobe Photoshop Improvement Program). Learn more
Your Local Content is never reviewed by us.
2.3 Data Protection Agreements
In some countries, the law requires that we put a data protection agreement in place with you if we handle Personal Data (as defined in the applicable agreement) for you as part of our Services and Software. These agreements are the EU Data Processing Agreement or Data Protection Terms, found in the following locations:
(A) European Union (“EU”) Data Processing Agreement (or “DPA”).  The DPA terms apply where you provide Personal Data (as defined in the DPA) collected from individuals from countries in the European Economic Area (“EEA”) and the UK and where you are a “Controller” and Adobe is a “Processor” under the General Data Protection Regulation (EU) 2016/679 (“GDPR”) or any successor for the GDPR associated with the withdrawal of the United Kingdom from the EU. The DPA terms are available here: www.adobe.com/go/tou-dpa.
(B) Data Protection Terms.  The Data Protection Terms apply where you provide Personal Data (as defined in the Data Protection Terms) collected from individuals outside of the EEA and the UK and where Adobe is Processing (as defined in the Data Protection Terms) this data at your instruction and on your behalf. The Data Protection Terms are available here: https://www.adobe.com/go/dpt-ww.
2.4 Sensitive Personal Information
You agree not to collect, process, or store any Sensitive Personal Information (as defined below) using the Services and Software, except as (A) directly authorized by Adobe, (B) intended by the Services and Software, or (C) governed by the Product Specific Terms, as applicable. You agree not to transmit, disclose, or make available Sensitive Personal Information to Adobe or Adobe’s third-party providers. “Sensitive Personal Information” means an individual’s financial information, data concerning an individual’s sexual behavior or sexual orientation, medical, or health information protected under any health data protection laws, biometric data, personal information of children protected under any child data protection laws (such as the personal information defined under the U.S. Children’s Online Privacy Protection Act (“COPPA”)) and any additional types of information included within this term or any similar term (such as “sensitive personal data” or “special categories of personal information”) as used in applicable data protection or privacy laws. If you are a Business, you also agree to ensure Business Users’ compliance with this section 2.4 (Sensitive Personal Information).
2.5 Transfer of Personal Information
We process and store information in the U.S. and other countries. By using our Services and Software, you authorize Adobe to transfer your personal information across national borders and to other countries where Adobe and its partners operate.
3. Use of Services and Software
3.1 License
Section 3.1 means:
Adobe grants you certain rights to use your license to Adobe’s apps and services.
Subject to your compliance with the Terms and applicable law, we hereby grant you a non-exclusive, limited, revocable right (as set forth herein) for you to install, access and use the Services and Software that we make available to you, and that you license from us. Each license is to be used by only one (1) person and cannot be shared. At the end of your license term, your license(s) will expire as set forth in your order document(s), or the Subscription and Cancellation Terms. The version(s) of the Services and Software available at your renewal date may be different from the version(s) available when you first licensed them from Adobe. The versions of the Services and Software that Adobe supports can be found here: https://www.adobe.com/go/software-support-guidelines. You agree that your decision to use, access, or license the Services and Software is not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by us regarding future functionality or features.
3.2 Adobe Intellectual Property
Section 3.2 means:
Adobe owns its products and services and gives you a license to use them.
We (and our licensors, as applicable) remain the sole owner of all right, title, and interest in the Services and Software. Except as stated in the Terms, we do not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the items in the Services or Software. This means you may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. We reserve all rights not granted under the Terms.
3.3 Storage
Section 3.3 means:
We don’t want to see you go, but if you do cancel your Adobe subscription, please take all your content with you before canceling.
When you cancel your subscription, we try to save it for some time in case you need it later, but we reserve the right to delete content.
We recommend that you back up your Content and Creative Cloud Customer Fonts elsewhere regularly, even if the Services provide storage and this functionality is enabled by the applicable Services. We may create reasonable technical limits, such as limits on file size, storage space, processing capacity, and other attributes. We may suspend the Services until you are within the storage space limit associated with your account. At the end of your license term, we will use commercially reasonable efforts to allow you to transition your Content out of the Services. The transition must be completed within thirty (30) days from the date of the termination or expiration of your license term. At the end of this 30-day transition period, we reserve the right to delete your Content. You should download any Content that you have stored in the Services before your license ends.
3.4 User-Generated Content
Section 3.4 means:
Users may upload and share their content using our products and we are not responsible for this content. If you find offensive content, you can flag this content for us to review.
We may host user-generated content from our users. If you access our Services, you may come across user-generated content that is illegal or that you find offensive or upsetting. We bear no responsibility for such user-generated content. If available, you may also click on the “Report” button to report this content to us. You may learn more about our content moderation policies and practices, including how to report content to us at our Transparency Center.
3.5 Sample Files
“Sample Files” means Adobe-provided audio, visual, video, or other content files for use in tutorials, demonstrations, and for other trial purposes, which may be identified as sample files. Sample Files cannot be used for any other purpose than for which they were provided. You cannot distribute Sample Files in any way that allows a third party to use, download, extract, or access the Sample Files as a stand-alone file, and you cannot claim any rights in the Sample Files.
3.6 Content Files
Section 3.6 means:
You have the right to use the content or assets that we make available to you. You can even change or modify this content in your work.
“Content Files” means Adobe assets provided as part of the Services and Software. Unless documentation or specific licenses (including but not limited to Product Specific Terms) state otherwise, we grant you a personal, non-exclusive, non-sublicensable (except if you are a Business, then sublicensable only to your Business Users), and non-transferable license to use the Content Files to create your end use (i.e., the derivative application or product authored by you) into which the Content Files, or derivations thereof, are embedded for your use (“End Use”). You may modify the Content Files prior to embedding them in the End Use. You may reproduce and distribute Content Files only in connection with your End Use, however, under no circumstances can you distribute the Content Files on a stand-alone basis, outside of the End Use.
3.7 Free Memberships, Complimentary Services, Offers, and Trials
Section 3.7 means:
We may offer our products and services to you at no charge, like free memberships or trial subscriptions.
Adobe may provide free memberships, Complimentary Services, offers, and trial subscriptions in its sole discretion. If access to the Services and Software is provided to you for free, Complimentary Services, or for trial purposes, such access is governed by the Terms. At any time prior to or during the free, Complimentary Services, or trial period, Adobe may, in its sole discretion, terminate that access without prior notice and without any liability to you, to the extent permitted under applicable law, for any reason, including to prevent abuse of the free, Complimentary Services, or trial access. After the free, Complimentary Services, or trial access period expires, you may continue using the Services or Software in a paid subscription, if available, or as otherwise permitted by Adobe. During the free, Complimentary Services, or trial period, no express or implied warranties shall apply to the Services and Software; all Services and Software are provided “as-is” with all defects, and no technical or other support is included.
3.8 NFR Version
Adobe may also designate the Services and Software as “trial,” “evaluation,” “not for resale,” or other similar designation (“NFR Version”). You may install and use the NFR Version only for the period and purposes stated when we provide the NFR Version. You must not use any materials you produce with the NFR Version for any commercial purposes
3.9 Adobe Talent
(A) You may not post jobs that point to specific work contests or other opportunities that solicit customized and unpaid creative work from creative professionals. Any such postings may be removed without refund.
(B) We offer a paid “Talent Search” feature to recruiters and companies looking to discover and hire creative talents. By uploading a public profile or public project on the Services, you agree that the public information may be included in Talent Search results.
3.10 Creative Cloud Customer Fonts
Section 3.10 means:
Before uploading any fonts to Adobe products, be sure you have the rights to use those fonts.
(A) For any font or font file you upload or submit to the Services and Software (“Creative Cloud Customer Fonts”) you represent and warrant that you have all necessary rights to allow us to use, reproduce, display, host, and distribute the Creative Cloud Customer Fonts through the Services and Software for your use. Creative Cloud Customer Fonts are not considered Content, as defined in the Terms. You retain all rights to the unmodified Creative Cloud Customer Fonts. You acknowledge that enabling the display of any Creative Cloud Customer Font with the Services and Software for your use may require us to use Adobe Technology, including our proprietary font-optimization technology, and that we retain all rights to such Adobe Technology. “Adobe Technology” means technology owned by us or licensed to us by a third-party (including the Services and Software and any related intellectual property rights throughout the world), any Feedback provided to us that is incorporated into any of the foregoing, and any of the modifications, or extensions of any of the foregoing, whenever or wherever developed. Adobe does not represent or warrant that any such Creative Cloud Customer Fonts will be compatible with or be suitable for use with the Services or Software.
(B) If we are informed by a third party, such as a foundry, or become aware that you do not have the rights to which you warrant in section 3.10(A) (Creative Cloud Customer Fonts) or that your Creative Cloud Customer Fonts violate third-party Intellectual Property Rights, then we may remove the Creative Cloud Customer Fonts from your account, from the Services, or from the Content that uses such Creative Cloud Customer Fonts. You acknowledge that if we remove your Creative Cloud Customer Fonts from your account, the Services or the Content that uses the Creative Cloud Customer Fonts, or the display of your Content may change, and we will have no liability in connection with the removal. Information about how your Content may change can be found here: https://www.adobe.com/go/cc-fonts-faq.
(C) You may revoke our access to your Creative Cloud Customer Fonts and terminate our rights at any time by deleting your Creative Cloud Customer Fonts from the Service.
(D) Upon termination or closure of your account, we reserve the right to delete your Creative Cloud Customer Fonts. Some copies of your Creative Cloud Customer Fonts may be retained as part of our routine backups.
(E) We may collect information connected to your use of the Creative Cloud Customer Fonts, such as names of the Creative Cloud Customer Fonts that you upload and how you use the Creative Cloud Customer Fonts.
3.11 Other License Types
Section 3.11 means:
You may be able to use a beta version of our products. These products are in development and are not final versions, so there may be issues or bugs that arise from using them. If you choose to use a beta version, human review of your content may occur.
Adobe may also ask you to keep your use of its beta versions confidential.
(A)  Pre-release or Beta Version.  We may designate the Services and Software, or a feature of the Services and Software, as a prerelease or beta version (“Beta Version”). A Beta Version does not represent the final Services and Software and may contain bugs that may cause system or other failure and data loss. We may choose not to release a commercial version of the Beta Version. You must promptly cease using the Beta Version and destroy all copies of the Beta Version if we request you to do so. In exchange for your use of a Beta Version, you agree that Adobe may collect data, including crash data, regarding your use of the Beta Version and analyze your Content, including human review, to improve our Services and Software and to personalize your experience, regardless of whether you have opted-out of data collection for non-Beta Versions. If you do not wish to have your usage tracked or Content analyzed, you must discontinue your use of the Beta Version by uninstalling such Beta Version or utilizing a non-Beta Version of the Services and Software. Any separate agreement we enter into with you governing the Beta Version will supersede these provisions.
(B)  Education Version.  If we designate the Services and Software to be for use by educational users (“Educational Version”), then you may use the Educational Version only if you meet the eligibility requirements stated at https://www.adobe.com/go/primary-secondary-institution-eligibility-guidelines. You may install and use the Educational Version only in the country where you are qualified as an educational user. If you reside in the EEA, then the word “country” in the prior sentence means the EEA.
3.12 Third-Party Services and Software
Section 3.12 means:
Some of our products allow you to access third-party apps or services, like social media apps and plug-ins, but Adobe isn’t responsible for these tools. They are governed by the terms of the third-party providers.
Adobe may make third-party software and services (including plug-ins and extensions) available to you through the Services and Software as a convenience. Third-party software and services are not Services and Software as defined in the Terms and your acquisition and use of such third-party software and services is solely between you and the third party. Some third-party terms that may be applicable to your use of the Services and Software are available here: (https://www.adobe.com/go/thirdpartyand https://www.adobe.com/legal/permissions/image-notice.html). You are responsible for complying with all applicable third-party terms.
4. Your Content
Section 4 means:
Your content is your content — you own it, and we don’t.
4.1 Content
“Content” means any text, information, communication, or material, such as audio files, video files, electronic documents, or images, that you upload, import into, embed for use by, or create using the Services and Software.
4.2 Ownership
As between you and Adobe, you (as a Business User or a Personal User, as applicable) retain all rights and ownership of your Content. We do not claim any ownership rights to your Content.
4.3 Licenses to Your Content
Section 4.3 means:
You own your content. But in order to use our products and services, we need you to give us permission to use your content when stored or processed in our cloud. This permission is called a license.
This license allows us to provide our products and services to you, like if you want to share your content or publish your content on Behance. Because it’s your content — not ours.
This license does not give us permission to train generative AI models with your or your customers’ content. We don’t train generative AI models on your or your customers’ content unless you’ve submitted the content to the Adobe Stock marketplace.
We also ask whether you would like to help us improve our products and services, but it’s never required. When you choose to help us improve our products, we need a limited license to your content for that specific purpose.
(A) License to Cloud Content to Operate the Services and Software on Your Behalf. Solely for the purpose of operating the Services and Software on your behalf, and subject to section 4.2 (Ownership) above which states that in all cases you own your Content, you grant us a non-exclusive, worldwide, royalty-free license to do the following with your Cloud Content:
1.	reproduce
(for example, to create copies of your Cloud Content on our servers in order to allow you to upload your Cloud Content to our servers, to allow you to copy and paste your Cloud Content between multiple Adobe Express projects, to make copies of your Creative Cloud libraries, to make copies across servers to help prevent data loss, or to cache your Cloud Content on content delivery networks to improve how quickly you can view and download content stored on our servers);
2.	distribute
(for example, to publish your work under your direction to third party platforms or services, to share Cloud Content under your direction through our Services to your friends, family, and colleagues, or to allow these authorized people to download your Cloud Content with your permission);
3.	create derivative works
(for example, to compress an image to use as a thumbnail, to remove an image background at your direction, or to translate the Cloud Content into another language);
4.	publicly display
(for example, for an image or document, to publish the image or document on a public property such as Behance or a third-party platform at your direction but not to use your image or document to market or promote Adobe);
5.	publicly perform
(for example, to enable the playback of a video on public properties or third-party platforms at your direction but not to use the video to market or promote Adobe); and
6.	sublicense the foregoing rights to third parties acting on our behalf (for example, we utilize trusted cloud infrastructure providers and content delivery networks subject to confidentiality and privacy restrictions to provide you with faster access to your Cloud Content).
What Adobe Does Not Do
We will not (and cannot) grant a sublicense to a third party that is greater than the rights you give us.
Under this clause 4.3(A), we do not have the right to, and will not, use your Content to market or promote Adobe.
We will not use these rights to train generative AI models on your Content and will not use the sublicense rights to have anyone else train generative AI models on your Content, except at your specific request (like you asking us to train a custom model on your Content).
(B) License to Cloud Content to Improve our Services and Software. (B) License to Cloud Content to Improve our Services and Software. Solely for the purpose of our internal analysis of how you use our Services and Software and the characteristics of your Content (such as file type and structural attributes) (together, “Content Analytics”), you grant us a non-exclusive, worldwide, royalty-free license to do the following to improve our Services and Software:
1.	reproduce (for example, to make copies of your Cloud Content in our internal file storage repositories);
2.	create derivative works (for example, to convert between file formats, or crop the Cloud Content); and
3.	sublicense the foregoing rights to third parties acting on our behalf (for example, we may utilize trusted vendors and contractors subject to confidentiality and privacy restrictions to do Content Analytics on our behalf).
We will not (and cannot) grant a sublicense to a third party that is greater than the rights you give us.
Under this clause 4.3(B), we do not have the right to, and we will not, publicly display your Content or allow third parties to improve their products with your Content.
(C) You May Choose Not to Participate in Content Analytics.
1.	Opt-out Rights. You have the right to opt out of us performing Content Analytics using your Content (https://www.adobe.com/go/contentanalysisfaq) and usage data (https://www.adobe.com/go/usagedatafaq).
2.	Generative AI. We will not use your Content to train generative AI models except for Content you chose to submit to the Adobe Stock marketplace, and this use is governed by the separate Adobe Stock Contributor Agreement.
4.4 Sharing Your Content
(A) Sharing.   Some Services and Software may provide features that allow you to Share your Content with other users or to make it public. “Share” means to email, post, transmit, stream, upload, or otherwise make available (whether to us or other users) through your use of the Services and Software. Other users may use, copy, modify, or re-share your Content in many ways. Please carefully consider what you choose to Share or make public as you are responsible for the Content that you Share.
(B) Level of Access.  We do not monitor or control what others do with your Content. You are responsible for determining the limitations that are placed on your Content and for applying the appropriate level of access to your Content. If you do not choose the access level to apply to your Content, the system may default to its most permissive setting. It is your responsibility to let other users know how your Content may be Shared and to adjust the setting related to accessing or Sharing your Content.
(C) Comments.  Any comments that you submit through the Services and Software are not anonymous and may be viewed by other users. In some Services and Software, your comments may be deleted by you, by other users, or by us.
(D) Removing Your Content.  If you delete Content from the Services and Software, we will stop making that Content publicly available within a reasonable amount of time. Some copies of your Content may be retained for a period of time as part of our routine backups, and we are not responsible for any use of Content that you have Shared or made public.
(E) Collaboration.  Before you Share any Content through the Services, please review the Adobe Collaboration Space Product Specific Terms set forth in section 1.2 above as they apply to you and the Content you Share within Adobe collaboration environments.
4.5 Content Removals and Appeals
If we remove your Content for violating the Terms, we will inform you of our decision via the email address you provided to us. If you believe that your Content was removed in error, you may submit an appeal by following the process outlined in our communication to you or at our Transparency Center.
4.6 Feedback
Section 4.6 means:
Your feedback is always appreciated! When you choose to share your feedback with us, it helps improve our products and services.
You may choose to provide us with feedback regarding the Services and Software, including in the form of ideas, suggestions, proposals, or examples involving your Content ("Feedback"). In such event, you agree that we are free to use the Feedback for our business purposes, including by incorporation into the Services and Software without any payment or attribution or other obligation to you.
5. Your Account
5.1 Account Information
You, as a Personal User or a Business User, are responsible for all activity that occurs via your account even if that activity is not by you or is without your knowledge or consent. You may not (A) share your account information (except with an authorized account administrator), whether intentionally or unintentionally; or (B) use another person’s account. Your account administrator may use your account information to manage your use and access to the Services and Software. For PhoneGap, we reserve the right to monitor and enforce subscription plan limits and restrictions, including, but not limited to, the right to charge for overages.
5.2 Account Security
You are responsible for taking reasonable steps to maintain the security and control of your Adobe Account. Adobe may require you to enable multi-factor authentication and provide a phone number or an alternate email for security purposes. Adobe assumes no responsibility for any loss that you may sustain due to a compromise of your account login credentials, or your failure to follow or act on any notices or alerts that we may send to your email address or telephone number. You are responsible for keeping your email address and telephone number up to date to receive any notices or alerts that we may send you, and you are also responsible for carefully reviewing any messages purporting to be from Adobe to ensure they are legitimate. We assume no responsibility if you are unable to access your Adobe Account because you cannot provide the appropriate login credentials, such as a password, email address, or telephone number. If you suspect that your Adobe Account or any of your security details have been compromised, please contact your account administrator or Adobe Customer Care https://www.adobe.com/go/csupport_subscripterms.
5.3 Free Account Inactivity
You are responsible for keeping your account active, which means you must sign in and use your account periodically to avoid any Content deletion, disruption or loss of access to the Services and Software, or termination of your account. If you don't sign into your account periodically, we reserve the right to assume your account is inactive, and you agree that we may permanently delete your Content stored in the account or close your account entirely. Prior to permanently deleting your Content or closing your account for inactivity, we will attempt to provide notice to you. For the avoidance of doubt, this section 5.3 (Free Account Inactivity) does not apply to paid accounts in good standing.
6. User Conduct
Section 6 means:
Adobe products should be used responsibly, and not used for things like selling or sharing accounts, generating illegal content, creating fake accounts, or committing fraud.
You must use the Services and Software responsibly and not misuse the Services and Software. For example, you must not:
6.1 use the Services and Software without, or in violation of, a written license or agreement with Adobe;
6.2 copy, modify, host, stream, sublicense, or resell the Services and Software;
6.3 enable or allow others to use the Services and Software using your account information;
6.4 offer, use, or permit the use of or access to the Services and Software in a computer services business, third-party outsourcing service, on a membership or subscription basis, on a service bureau basis, on a time-sharing basis, as a part of a hosted service, or on behalf of any third party;
6.5 construct a database or dataset using, including, or comprised of the Adobe Content Files for the purpose of reverse engineering;
6.6 access or attempt to access the Services and Software by any means other than the interface we provide or authorize;
6.7 circumvent any access or use restrictions put into place to prevent certain uses of the Services and Software;
6.8 Share or generate Content, including Creative Cloud Customer Fonts, or otherwise engage in behavior that violates anyone’s Intellectual Property Rights. “Intellectual Property Rights” means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, and any other proprietary rights;
6.9 Share or generate any Content or engage in behavior that is unlawful, harmful, threatening, obscene, violent, abusive, tortious, defamatory, libelous, vulgar, lewd, invasive of another’s privacy, hateful, or otherwise objectionable;
6.10 Share or generate any Content that sexualizes minors or that is intended to facilitate inappropriate interactions with minors, other Adobe users, or the public;
6.11 impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, including not disclosing an applicable sponsorship or endorsement relationship when you leave a review;
6.12 attempt to disable, impair, or destroy the Services and Software;
6.13 upload, transmit, store, or make available any Content, including Creative Cloud Customer Fonts, or code that contains any viruses, malicious code, malware, or any components designed to harm or limit the functionality of the Services and Software;
6.14 disrupt, interfere with, or inhibit any other user from using the Services and Software (such as stalking, intimidation, harassment, or incitement or promotion of violence or self-harm);
6.15 engage in chain letters, junk mail, pyramid schemes, phishing, spamming, or other unsolicited messages;
6.16 engage in fraudulent activities, such as payment and refund fraud;
6.17 place an advertisement of any products or services in the Services except with our prior written approval;
6.18 use any data mining or similar data gathering and extraction methods in connection with the Services and Software, including data scraping for machine learning or other purposes;
6.19 artificially manipulate or disrupt the Services and Software (such as manipulating appreciations on Behance or driving users to third-party sites);
6.20 create Adobe accounts for the purpose of violating the Terms or our policies (or other types of actions taken by Adobe), including, but not limited to, creating fake accounts, or for circumventing account termination;
6.21 manipulate or otherwise display the Services and Software by using framing or similar navigational technology; or
6.22 violate applicable law.
7. Fees and Payment
7.1 Taxes and Third-Party Fees
You must pay any applicable taxes and third-party fees (including, for example, telephone toll charges, mobile carrier fees, ISP charges, data plan charges, credit card fees, VAT, foreign exchange fees, and foreign transaction fees). We are not responsible for these fees. Contact your financial institution with questions about fees. We may take steps to collect the fees you owe us. You are responsible for all related collection costs and expenses. If you are located in a different country from the applicable Adobe entity with which you are transacting (i.e., Adobe Inc. for North American customers, Adobe KK for Japanese customers, and Adobe Systems Software Ireland Limited for customers in all other countries), your payments will be made to a foreign entity.
7.2 Credit Card Information
You authorize us or our authorized vendor(s) to store your payment method and use it in connection with your use of the Services and Software as described in your Subscription and Cancellation Terms. To avoid interruption of your service, we may participate in programs supported by your card provider to try to update your payment information. You authorize us or our authorized vendor(s) to continue billing and charging your account for amounts owed with the information that we obtain.
8. Your Warranty and Indemnification Obligations
8.1 Warranty
You must have: (A) all necessary licenses and permissions to use and Share your Content; and (B) the rights necessary to grant the licenses in the Terms.
8.2 Indemnification
You will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim(s), demand(s), loss(es), or damage(s), including reasonable attorneys’ fees, arising out of, or related to:
(A) your Content, including, but not limited to Creative Cloud Customer Fonts;
(B) your use of the Services and Software (as applicable);
(C) your interactions with any other users (including Third-Party Entitlement Holders); or
(D) your violation of the Terms (“Matter”).
We have the right to control the defense of any Matter subject to indemnification by you with counsel of our own choosing. You will fully cooperate with us in the defense of any Matter.
9. DISCLAIMERS OF WARRANTIES
9.1
Unless stated in the Product Specific Terms, the Services and Software are provided “AS-IS.” To the maximum extent permitted by law, Adobe, its affiliates, and third-party providers (“Covered Parties”) disclaim all warranties, express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. The Covered Parties make no commitments about the content within the Services. The Covered Parties further disclaim any warranty that (A) the Services and Software will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (B) the results obtained from the use of the Services and Software will be effective, accurate, or reliable; (C) the quality of the Services and Software will meet your expectations; or (D) any errors or defects in the Services and Software will be corrected.
9.2
The Covered Parties specifically disclaim all liability for any actions resulting from your use of any Services and Software. You may use and access the Services and Software at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the use of and access to any Service and Software.
9.3
If you post your Content on our servers to publicly Share through the Services, the Covered Parties are not responsible for: (A) any loss, corruption, or damage to your Content; (B) the deletion of Content by anyone other than Adobe; or (C) the inclusion of your Content by third parties on other websites or in other media.
10. LIMITATION OF LIABILITY
10.1
Unless stated in the Product Specific Terms, in no event shall the Covered Parties be liable to you or anyone else for any special, incidental, indirect, consequential, moral, exemplary or punitive damages whatsoever, regardless of cause, including losses and damages (A) resulting from loss of use, data, reputation, revenue, or profits; (B) based on any theory of liability, including breach of contract or warranty, negligence, or other tortious action; or (C) arising out of or in connection with your use of or access to the Services and Software. Nothing in the Terms limits or excludes our liability for gross negligence, intentional misconduct of Adobe or its employees, death, or personal injury.
10.2
Our total liability in any matter arising out of or related to the Terms is limited to the greater of (A) US $100; or (B) the aggregate amount that you paid for access to the Services and Software during the three-month period preceding the event giving rise to the liability. Our suppliers will have no liability in any matter arising out of or related to the Terms.
10.3
These limitations and exclusions in this section 10 (Limitation of Liability) apply to the maximum extent permitted by law even if (A) a remedy does not fully compensate you for any losses or fails of its essential purpose; or (B) the Covered Parties knew or should have known about the possibility of damages.
10.4
The Terms set forth the entire liability of the Covered Parties as well as your exclusive remedy with respect to access and use of the Services and Software.
11. Termination
Section 11 means:
You can cancel your subscription at any time, but fees may apply. If you violate any of our terms, Adobe has the right to terminate or suspend your account.
11.1 Termination by You
You may cancel your subscription and terminate your use of the Services and Software at any time. Cancellation or termination of your account does not relieve you of any obligation to pay any outstanding fees associated with your subscription, including, but not limited to early cancellation fees.
11.2 Termination by Us
Unless stated in the Product Specific Terms, we may at any time immediately terminate or suspend your right to use and access the Services and Software if in Adobe's sole discretion:
(A) you breach any provision of the Terms (or act in a manner that clearly shows you do not intend to, or are unable to, comply with the Terms);
(B) you fail to make the timely payment of fees for the Services and Software, if any;
(C) you physically, verbally, or through other means abuse, threaten, bully, or harass us or our personnel (in such circumstances, we may alternatively suspend or restrict your access to the Services and Software);
(D) you have repeatedly made complaints in bad faith or without a reasonable basis, and continue to do so after we have asked you to stop (in such circumstances, we may alternatively suspend or restrict your access to the Services or Software);
(E) continuing to provide the Software or Services to you would violate any applicable law;
(F) we elect to discontinue the Services and Software, in whole or in part if it becomes impractical for us to continue offering Services in your region due to change of law, or other reason; or
(G) there has been an extended period of inactivity in your free account.
If we terminate the Terms, or your use of the Services and Software for reasons other than for cause, as listed in any of Sections (A) to (D) and (G) above, we will make reasonable efforts to notify you via the email address you provide to us, at least thirty (30) days prior to termination, with instructions on how to retrieve your Content. If we terminate your use of the Services and Software for reasons listed in Sections (E) or (F), we may, in our sole discretion, provide you with a pro rata refund for any prepaid, unused fees for that Service or Software. Upon termination by us, you may lose access to your Content.
11.3 Survival
Upon the expiration or termination of the Terms, some or all of the Services and Software may cease to operate without prior notice. Your indemnification obligations, our warranty disclaimers and limitations of liabilities, and the dispute resolution provisions stated in the Terms will survive.
11.4 Account Deactivations and Appeals
If you believe your Adobe Account has been deactivated in error, you may submit an appeal by following the process outlined when you attempt to log into your account or at our Transparency Center. If you have any related questions, please contact Adobe Customer Care.
12. Trade Sanctions and Export Control Compliance
The Services and Software, and your use of them, are subject to laws, restrictions, and regulations of the United States and other jurisdictions that govern the import, export, and use of the Services and Software. By using the Services and Software, you agree to comply with all such laws, restrictions, and regulations, and you warrant that you are not prohibited from receiving the Services and Software by the laws of any jurisdiction. Additionally, you agree not to upload to or transmit over any Services or Software any content that is controlled for export from the United States (including technical data controlled under the US International Traffic in Arms Regulations and technology controlled under the US Export Administration Regulations) without prior written approval from Adobe.
13. Australian Consumer Law
Nothing in the Terms is intended to exclude, restrict, or modify any consumer rights under the Competition and Consumer Act 2010 (Cth) (“CCA”) or any other legislation which may not be excluded, restricted, or modified by agreement. If the CCA or any other legislation implies a condition, warranty, or term into the Terms or provides statutory guarantees in connection with the Terms, in respect of goods or services supplied (if any), our liability for breach of such a condition, warranty, other term or guarantee is limited (at our election), to the extent it is able to do so: (A) in the case of supply of goods, our doing any one or more of the following: (1) replacing the goods or supplying equivalent goods; (2) repairing the goods; (3) paying the cost of replacing the goods or of acquiring equivalent goods; and (4) paying the cost of having the goods repaired; or (B) in the case of supply of services, our doing either or both of the following: (1) supplying the services again; and (2) paying the cost of having the services supplied again.
14. Dispute Resolution, Class Action Waiver, Arbitration Agreement
Adobe Customer Care is available to address most concerns that you may have regarding Adobe’s Services and Software. Contact Adobe Customer Care here: https://www.adobe.com/go/csupport_subscripterms.
14.1 Notice of Claim and Required Information Dispute Resolution Process
Section 14.1 means:
You agree to notify Adobe of any dispute and try to resolve it amicably. If that doesn’t work, the dispute will be decided either in small claims court or through arbitration. But let’s try the amicable route first.
If you have any concern or dispute that Adobe Customer Care is unable to resolve (“Claim”), you agree to first try to resolve the dispute informally and in good faith by contacting us and providing a written Notice of Claim to the address provided in section 18.2 (Notice to Adobe). The Notice of Claim must provide Adobe with fair notice of your identity, a description of the nature and basis of your Claim, and the relief you are seeking, including the specific amount of any monetary relief you are seeking, and cannot be combined with a Notice of Claim for other individuals. If any dispute related to your Claim is not resolved within 30 days of receipt, any resulting legal actions must be resolved through either small claims court or final and binding arbitration, including any dispute about whether arbitration is required for the dispute, subject to the exceptions set forth below. Neither party shall initiate legal action until 30 days after the Notice of Claim is received. This agreement to arbitrate shall apply, without limitation, to all claims that arose or were asserted before the effective date of the Terms. The arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of the Terms or formation of the Terms, including whether any dispute between us is subject to arbitration (i.e., the arbitrator will decide the arbitrability of any dispute) and whether all or any part of these Terms are void or voidable. Claims related to the Terms, Services, or Software are permanently barred if not brought within one year of the event resulting in the Claim.
14.2 No Class Actions
You may only resolve disputes with us on an individual basis, and you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Nonetheless, if any portion of this class action waiver is deemed unenforceable or invalid as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.
14.3 Arbitration Rules
If you reside in the Americas, JAMS will administer the arbitration in Santa Clara County, California, USA, pursuant to its Streamlined Arbitration Rules and Procedures and also its Mass Arbitration Procedures and Guidelines for any action in which you are represented by a law firm or collection of law firms that has filed at least 25 arbitration demands of a similar nature against Adobe within a year. If you reside in Australia, New Zealand, Japan, mainland China, Hong Kong, Macau, Taiwan, South Korea, India, Sri Lanka, Bangladesh, Nepal, or a member state of the Association of Southeast Asian Nations (ASEAN), then the Singapore International Arbitration Centre (SIAC) will administer the arbitration in Singapore under its Rules of Arbitration, which rules are deemed to be incorporated by reference in this section. Otherwise, the London Court of International Arbitration (LCIA) will administer the arbitration in London, UK under the LCIA Arbitration Rules. There will be one arbitrator that you and Adobe mutually select. The arbitration will be conducted in the English language, but any witness whose native language is not English may give testimony in the witness’ native language, with simultaneous translation into English (at the expense of the party presenting the witness). Judgment upon the award rendered may be entered and will be enforceable in any court of competent jurisdiction having jurisdiction over you and us. In the event of a conflict between the rules of the arbitration provider and the Terms, including with respect to the assessment of the fees and costs of arbitration, the Terms will govern.
14.4 Arbitration Fees and Costs
Payment of all filing, administration, and arbitrator fees and costs of arbitration will be governed by the rules of the arbitration provider. Notwithstanding the above, if you are unable to afford fees or costs of arbitration, Adobe will pay them. If the arbitrator finds that either the substance of a Claim or the relief sought in arbitration was frivolous, or a Claim was brought for an improper purpose, the parties may seek to re-allocate the fees and costs of arbitration, according to the rules of the arbitration provider.
14.5 Exceptions to Arbitration – Small Claims and Injunctive Relief
Notwithstanding the foregoing, either party may elect to have any Claim that is subject to the jurisdiction of small claims court decided in small claims court in Santa Clara County, California, USA, or the county of your residence. If either party files a Claim in arbitration that could have been brought in small claims court, the other party may provide notice that it wants the case decided in small claims court before the appointment of an arbitrator, and the arbitrator shall administratively close the case before assessing any fees, and the party bringing the Claim must proceed in small claims court in lieu of arbitration. Any dispute about whether a Claim qualifies for small claims court shall be resolved by that court, not by an arbitrator. In the event of any such dispute, the arbitration proceeding shall remain closed unless and until a decision by the small claims court that the Claim should proceed in arbitration. Additionally, either party shall be entitled to apply for preliminary injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction, such as in the event of your or others’ unauthorized access to or use of the Services or Software in violation of the Terms. If a party has a dispute in which they seek to obtain both preliminary injunctive relief and other forms of relief, the party may go to court to seek preliminary injunctive relief but must arbitrate its claims or seek relief in small claims court for all other forms of relief.
14.6 Acceptance of Arbitration and Right to Opt Out
Within the first thirty (30) days of your use of the Services and Software or the date of the last update to section 14 (Dispute Resolution, Class Action Waiver, Arbitration Agreement) of the Terms, whichever is later, you have the right to opt out of the arbitration and class action waiver provisions of section 14 (Dispute Resolution, Class Action Waiver, Arbitration Agreement) by sending us written notice of your decision at the address set forth in section 18.2 (Notice to Adobe) or via email at ContractNotifications@adobe.com. If you opt out of these provisions, Adobe will also not be bound by them.
15. Audit Rights
Section 15 means:
Adobe has the right to verify that businesses’ use of our products and services is in compliance with our terms. This doesn’t apply to individuals using their personal (non-business) account or profile.
If you are a Business, then we may, no more than once every twelve (12) months, upon at least seven (7) days’ prior notice to you, appoint our personnel or an independent third-party auditor who is obliged to maintain confidentiality, to inspect (including manual inspection, electronic methods, or both) your records, systems, and facilities to verify that your installation and use of Services or Software comply with our Terms. Additionally, you will provide us with all records and information requested by us within thirty (30) days of our request in order for us to verify that the installation and use of any and all Services and Software is in conformity with your valid licenses. If the verification discloses a shortfall in conformity with the licenses for the Services and Software, you will immediately acquire any necessary licenses, subscriptions, and applicable back maintenance and support or other applicable action in order to remedy any such non-conformity(ies).
16. Updates to Services and Software and Availability
16.1 Updates to the Services and Software
We may modify, update, or discontinue the Services and Software (including any portions or features), which modifications, updates or discontinuations may, for clarity, be detrimental or result in a diminishment of value to you, at any time, without liability to you or anyone else. For changes to paid offerings that, in Adobe’s reasonable discretion, are detrimental or result in a material diminishment of value to you, we will make reasonable commercial efforts to notify you of such modification, update, or discontinuation. If we discontinue the Services or Software in its entirety, we will use reasonable commercial efforts to allow you to transition your Content, and we may provide you with a pro rata refund for any unused fees for that Service or Software that you prepaid.
16.2 Availability
Our webpages may be accessible worldwide, but this does not mean all Services and Software are available in your country or that user-generated content available via the Services and Software is legal or available in your country. Access to certain Services (or certain Service features) or Software may be blocked in certain countries. Users in China are not permitted to access or use any online services within our Services and Software and must purchase the Services and Software specifically made available to users in China for use in China. It is your responsibility to make sure your use of the Services and Software is legal or available where you use them. Services and Software are not available in all languages.
17. No Modifications, Reverse Engineering, Artificial Intelligence/Machine Learning (AI/ML)
Section 17 means:
We invest in our technology and services and don’t allow you to recreate or attempt to recreate our products.
Our products are meant to support creativity and productivity, not to create AI training datasets.
Other than the reverse engineering activities and attempts to recreate our products described below, you can use Firefly and our generative AI tools to generate content for any other legal purpose.
Certain elements of the Services and Software constitute our (or our licensors’) confidential information. Except as expressly permitted in the Terms, you must not (and must not allow third parties to): (A) modify, port, adapt, or translate any portion of the Services or Software; (B) reverse engineer (including but not limited to monitoring or tracking the inputs and outputs flowing through a system or an application in order to recreate that system), decompile, disassemble, or otherwise attempt to discover, within any Service or Software, the source code, data representations or underlying algorithms, processes, methods, and any other portion of such Service or Software; or (C) use the Services or Software, or any content, data, output, or other information received or derived from the Services or Software, to directly or indirectly create, train, test, or otherwise improve any machine learning algorithms or artificial intelligence system, including but not limited to any architectures, models, or weights. If the laws of your jurisdiction give you the right to decompile the Services or Software to obtain information necessary to render the licensed portions of the Services or Software interoperable with other software, you must first request such information from us. We may, in our discretion, either provide such information to you or impose reasonable conditions, including a reasonable fee, on your decompilation of the Services or Software to ensure that our and our licensors’ and suppliers’ proprietary rights in the Services and Software are protected.
18. Miscellaneous
18.1 English Version
The English version of the Terms will be the version used when interpreting or construing the Terms.
18.2 Notice to Adobe
You may send notices to us at the following address: Adobe Inc., 345 Park Avenue, San Jose, California, 95110-2704, USA, Attention: General Counsel.
18.3 Notice to You
We may notify you by your email or postal mail associated with your account, postings within the Services, or other legally accepted means. It is your responsibility to keep your account information current to receive notifications.
18.4 Non-Assignment
You may not assign or otherwise transfer the Terms or your rights and obligations under the Terms, in whole or in part, without our written consent, and any such attempt will be void. We may assign or transfer our rights under the Terms to a third party without your consent.
18.5 Government Terms
If you are a U.S. government entity, or if the Terms are or become subject to the Federal Acquisition Regulations (FAR), then the Services and Software, provided under the Terms are “Commercial Product(s) or Commercial Service(s)”, as those terms are defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” and services related thereto, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through §227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Federal Government End Users (A) only as Commercial Products and Services; and (B) with only those rights as are granted to all other end users pursuant to the Terms. Unpublished rights are reserved under the laws of the United States.
18.6 Headings
Headings used in the Terms are provided for convenience only and will not be used to construe meaning or intent.
18.7 Severability
If any provision of the Terms is held invalid or unenforceable for any reason, the remainder of the Terms will continue in full force and effect and such provision shall be ineffective only to the extent of such invalidity or unenforceability.
18.8 No Waiver
Our failure to enforce or exercise any provision of the Terms is not a waiver of that provision.
18.9 Force Majeure
Neither party will be liable to the other for any delay or failure to perform any obligation (other than your payment obligations to Adobe) under the Terms if the delay or failure is due to unforeseen events, which occur after the effectiveness of the Terms and which are beyond the reasonable control of the parties, such as strikes, blockade, war, terrorism, riots, natural disasters, refusal of license by the government or other governmental agencies, in so far as such an event prevents or delays the affected party from fulfilling its obligations and such party is not able to prevent or remove the force majeure at reasonable cost.
19. DMCA
We respect the Intellectual Property Rights of others, and we expect our users to do the same. We will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act (“DMCA”). You can learn more about Adobe’s IP Takedown policies and practices here: https://www.adobe.com/legal/dmca.html.
Adobe Inc.: 345 Park Avenue, San Jose, California 95110-2704, USA.
Adobe Systems Software Ireland Limited: 4-6 Riverwalk, City West Business Campus, Saggart, Dublin 24, Republic of Ireland
Adobe KK: Gate City Ohsaki East Tower, 1-11-2 Ohsaki, Shinagawa-ku, Tokyo 141-0032, Japan
Adobe_General_Terms_of_Use-en_US_20251003
 
GitHub Terms of Service
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Thank you for using GitHub! We're happy you're here. Please read this Terms of Service agreement carefully before accessing or using GitHub. Because it is such an important contract between us and our users, we have tried to make it as clear as possible. For your convenience, we have presented these terms in a short non-binding summary followed by the full legal terms.
Summary
Section	What can you find there?
A. Definitions
Some basic terms, defined in a way that will help you understand this agreement. Refer back up to this section for clarification.
B. Account Terms
These are the basic requirements of having an Account on GitHub.
C. Acceptable Use
These are the basic rules you must follow when using your GitHub Account.
D. User-Generated Content
You own the content you post on GitHub. However, you have some responsibilities regarding it, and we ask you to grant us some rights so we can provide services to you.
E. Private Repositories
This section talks about how GitHub will treat content you post in private repositories.
F. Copyright & DMCA Policy
This section talks about how GitHub will respond if you believe someone is infringing your copyrights on GitHub.
G. Intellectual Property Notice
This describes GitHub's rights in the website and service.
H. API Terms
These are the rules for using GitHub's APIs, whether you are using the API for development or data collection.
I. Additional Product Terms
We have a few specific rules for GitHub's features and products.
J. Beta Previews
These are some of the additional terms that apply to GitHub's features that are still in development.
K. Payment
You are responsible for payment. We are responsible for billing you accurately.
L. Cancellation and Termination
You may cancel this agreement and close your Account at any time.
M. Communications with GitHub
We only use email and other electronic means to stay in touch with our users. We do not provide phone support.
N. Disclaimer of Warranties
We provide our service as is, and we make no promises or guarantees about this service. Please read this section carefully; you should understand what to expect.
O. Limitation of Liability
We will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you.
P. Release and Indemnification
You are fully responsible for your use of the service.
Q. Changes to these Terms of Service
We may modify this agreement, but we will give you 30 days' notice of material changes.
R. Miscellaneous
Please see this section for legal details including our choice of law.
The GitHub Terms of Service
Effective date: November 16, 2020
A. Definitions
Short version: We use these basic terms throughout the agreement, and they have specific meanings. You should know what we mean when we use each of the terms. There's not going to be a test on it, but it's still useful information.
1.	An "Account" represents your legal relationship with GitHub. A “Personal Account” represents an individual User’s authorization to log in to and use the Service and serves as a User’s identity on GitHub. “Organizations” are shared workspaces that may be associated with a single entity or with one or more Users where multiple Users can collaborate across many projects at once. A Personal Account can be a member of any number of Organizations.
2.	The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service” or the "Terms") and all other operating rules, policies (including the GitHub Privacy Statement, available at github.com/site/privacy) and procedures that we may publish from time to time on the Website. Most of our site policies are available at docs.github.com/categories/site-policy.
3.	"Beta Previews" mean software, services, or features identified as alpha, beta, preview, early access, or evaluation, or words or phrases with similar meanings.
4.	“Content” refers to content featured or displayed through the Website, including without limitation code, text, data, articles, images, photographs, graphics, software, applications, packages, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. "Your Content" is Content that you create or own.
5.	“GitHub,” “We,” and “Us” refer to GitHub, Inc., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
6.	The “Service” refers to the applications, software, products, and services provided by GitHub, including any Beta Previews.
7.	“The User,” “You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the Account; or that directs the use of the Account in the performance of its functions. A User must be at least 13 years of age. Special terms may apply for business or government Accounts (See Section B(5): Additional Terms).
8.	The “Website” refers to GitHub’s website located at github.com, and all content, services, and products provided by GitHub at or through the Website. It also refers to GitHub-owned subdomains of github.com, such as education.github.com and pages.github.com. These Terms also govern GitHub’s conference websites, such as githubuniverse.com, and product websites, such as electronjs.org. Occasionally, websites owned by GitHub may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or service.
B. Account Terms
Short version: Personal Accounts and Organizations have different administrative controls; a human must create your Account; you must be 13 or over; you must provide a valid email address; and you may not have more than one free Account. You alone are responsible for your Account and anything that happens while you are signed in to or using your Account. You are responsible for keeping your Account secure.
1. Account Controls
•	Users. Subject to these Terms, you retain ultimate administrative control over your Personal Account and the Content within it.
•	Organizations. The "owner" of an Organization that was created under these Terms has ultimate administrative control over that Organization and the Content within it. Within the Service, an owner can manage User access to the Organization’s data and projects. An Organization may have multiple owners, but there must be at least one Personal Account designated as an owner of an Organization. If you are the owner of an Organization under these Terms, we consider you responsible for the actions that are performed on or through that Organization.
2. Required Information
You must provide a valid email address in order to complete the signup process. Any other information requested, such as your real name, is optional, unless you are accepting these terms on behalf of a legal entity (in which case we need more information about the legal entity) or if you opt for a paid Account, in which case additional information will be necessary for billing purposes.
3. Account Requirements
We have a few simple rules for Personal Accounts on GitHub's Service.
•	You must be a human to create an Account. Accounts registered by "bots" or other automated methods are not permitted. We do permit machine accounts:
•	A machine account is an Account set up by an individual human who accepts the Terms on behalf of the Account, provides a valid email address, and is responsible for its actions. A machine account is used exclusively for performing automated tasks. Multiple users may direct the actions of a machine account, but the owner of the Account is ultimately responsible for the machine's actions. You may maintain no more than one free machine account in addition to your free Personal Account.
•	One person or legal entity may maintain no more than one free Account (if you choose to control a machine account as well, that's fine, but it can only be used for running a machine).
•	You must be age 13 or older. While we are thrilled to see brilliant young coders get excited by learning to program, we must comply with United States law. GitHub does not target our Service to children under 13, and we do not permit any Users under 13 on our Service. If we learn of any User under the age of 13, we will terminate that User’s Account immediately. If you are a resident of a country outside the United States, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws.
•	Your login may only be used by one person — i.e., a single login may not be shared by multiple people. A paid Organization may only provide access to as many Personal Accounts as your subscription allows.
•	You may not use GitHub in violation of export control or sanctions laws of the United States or any other applicable jurisdiction. You may not use GitHub if you are or are working on behalf of a Specially Designated National (SDN) or a person subject to similar blocking or denied party prohibitions administered by a U.S. government agency. GitHub may allow persons in certain sanctioned countries or territories to access certain GitHub services pursuant to U.S. government authorizations. For more information, please see our Export Controls policy.
4. Account Security
You are responsible for keeping your Account secure while you use our Service. We offer tools such as two-factor authentication to help you maintain your Account's security, but the content of your Account and its security are up to you.
•	You are responsible for all content posted and activity that occurs under your Account (even when content is posted by others who have Accounts under your Account).
•	You are responsible for maintaining the security of your Account and password. GitHub cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
•	You will promptly notify GitHub by contacting us through the GitHub Support portal if you become aware of any unauthorized use of, or access to, our Service through your Account, including any unauthorized use of your password or Account.
5. Additional Terms
In some situations, third parties' terms may apply to your use of GitHub. For example, you may be a member of an organization on GitHub with its own terms or license agreements; you may download an application that integrates with GitHub; or you may use GitHub to authenticate to another service. Please be aware that while these Terms are our full agreement with you, other parties' terms govern their relationships with you.
If you are a government User or otherwise accessing or using any GitHub Service in a government capacity, this Government Amendment to GitHub Terms of Service applies to you, and you agree to its provisions.
If you have signed up for GitHub Enterprise Cloud, the Enterprise Cloud Addendum applies to you, and you agree to its provisions.
C. Acceptable Use
Short version: GitHub hosts a wide variety of collaborative projects from all over the world, and that collaboration only works when our users are able to work together in good faith. While using the service, you must follow the terms of this section, which include some restrictions on content you can post, conduct on the service, and other limitations. In short, be excellent to each other.
Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control or sanctions laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.
You agree that you will not under any circumstances violate our Acceptable Use Policies or Community Guidelines.
D. User-Generated Content
Short version: You own content you create, but you allow us certain rights to it, so that we can display and share the content you post. You still have control over your content, and responsibility for it, and the rights you grant us are limited to those we need to provide the service. We have the right to remove content or close Accounts if we need to.
1. Responsibility for User-Generated Content
You may create or upload User-Generated Content while using the Service. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content.
2. GitHub May Remove Content
We have the right to refuse or remove any User-Generated Content that, in our sole discretion, violates any laws or GitHub terms or policies. User-Generated Content displayed on GitHub Mobile may be subject to mobile app stores' additional terms.
3. Ownership of Content, Right to Post, and License Grants
You retain ownership of and responsibility for Your Content. If you're posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to Content you post.
Because you retain ownership of and responsibility for Your Content, we need you to grant us — and other GitHub Users — certain legal permissions, listed in Sections D.4 — D.7. These license grants apply to Your Content. If you upload Content that already comes with a license granting GitHub the permissions we need to run our Service, no additional license is required. You understand that you will not receive any payment for any of the rights granted in Sections D.4 — D.7. The licenses you grant to us will end when you remove Your Content from our servers, unless other Users have forked it.
4. License Grant to Us
We need the legal right to do things like host Your Content, publish it, and share it. You grant us and our legal successors the right to store, archive, parse, and display Your Content, and make incidental copies, as necessary to provide the Service, including improving the Service over time. This license includes the right to do things like copy it to our database and make backups; show it to you and other users; parse it into a search index or otherwise analyze it on our servers; share it with other users; and perform it, in case Your Content is something like music or video.
This license does not grant GitHub the right to sell Your Content. It also does not grant GitHub the right to otherwise distribute or use Your Content outside of our provision of the Service, except that as part of the right to archive Your Content, GitHub may permit our partners to store and archive Your Content in public repositories in connection with the GitHub Arctic Code Vault and GitHub Archive Program.
5. License Grant to Other Users
Any User-Generated Content you post publicly, including issues, comments, and contributions to other Users' repositories, may be viewed by others. By setting your repositories to be viewed publicly, you agree to allow others to view and "fork" your repositories (this means that others may make their own copies of Content from your repositories in repositories they control).
If you set your pages and repositories to be viewed publicly, you grant each User of GitHub a nonexclusive, worldwide license to use, display, and perform Your Content through the GitHub Service and to reproduce Your Content solely on GitHub as permitted through GitHub's functionality (for example, through forking). You may grant further rights if you adopt a license. If you are uploading Content you did not create or own, you are responsible for ensuring that the Content you upload is licensed under terms that grant these permissions to other GitHub Users.
6. Contributions Under Repository License
Whenever you add Content to a repository containing notice of a license, you license that Content under the same terms, and you agree that you have the right to license that Content under those terms. If you have a separate agreement to license that Content under different terms, such as a contributor license agreement, that agreement will supersede.
Isn't this just how it works already? Yep. This is widely accepted as the norm in the open-source community; it's commonly referred to by the shorthand "inbound=outbound". We're just making it explicit.
7. Moral Rights
You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in Section D.4, but not otherwise.
To the extent this agreement is not enforceable by applicable law, you grant GitHub the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service.
8. Access Reciprocity
By using automated means to access, collect, or otherwise use (“Access”) any publicly accessible Content from the Service for the purpose of developing or training any commercially available artificial intelligence model, machine learning system, or similar technology (a "Commercial AI System"), you hereby waive any and all policies, terms, conditions, or contractual provisions governing products, services, websites or datasets you own or operate that would otherwise prohibit, restrict, or place conditions upon GitHub's Access to any publicly accessible data, information or content associated with your products or services, including for the purpose of developing or training any Commercial AI System. You further agree not to impose technical or other targeted measures to restrict or retaliate against such Access.
This Section D.8 does not apply to Access solely for the purpose of academic research or if, on the date you Access the Content, the number of monthly active users of the products or services made available by you is less than 700 million in the preceding calendar month. For the purposes of this Section, "you" shall refer to you and any entity that directly or indirectly controls, is controlled by, or is under common control with you (affiliates).
E. Private Repositories
Short version: We treat the content of private repositories as confidential, and we only access it as described in our Privacy Statement—for security purposes, to assist the repository owner with a support matter, to maintain the integrity of the Service, to comply with our legal obligations, if we have reason to believe the contents are in violation of the law, or with your consent.
1. Control of Private Repositories
Some Accounts may have private repositories, which allow the User to control access to Content.
2. Confidentiality of Private Repositories
GitHub considers the contents of private repositories to be confidential to you. GitHub will protect the contents of private repositories from unauthorized use, access, or disclosure in the same manner that we would use to protect our own confidential information of a similar nature and in no event with less than a reasonable degree of care.
3. Access
GitHub personnel may only access the content of your private repositories in the situations described in our Privacy Statement.
You may choose to enable additional access to your private repositories. For example:
•	You may enable various GitHub services or features that require additional rights to Your Content in private repositories. These rights may vary depending on the service or feature, but GitHub will continue to treat your private repository Content as confidential. If those services or features require rights in addition to those we need to provide the GitHub Service, we will provide an explanation of those rights.
Additionally, we may be compelled by law to disclose the contents of your private repositories.
GitHub will provide notice regarding our access to private repository content, unless for legal disclosure, to comply with our legal obligations, or where otherwise bound by requirements under law, for automated scanning, or if in response to a security threat or other risk to security.
F. Copyright Infringement and DMCA Policy
If you believe that content on our website violates your copyright, please contact us in accordance with our Digital Millennium Copyright Act Policy. If you are a copyright owner and you believe that content on GitHub violates your rights, please contact us via our convenient DMCA form or by emailing copyright@github.com. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses.
We will terminate the Accounts of repeat infringers of this policy.
G. Intellectual Property Notice
Short version: We own the service and all of our content. In order for you to use our content, we give you certain rights to it, but you may only use our content in the way we have allowed.
1. GitHub's Rights to Content
GitHub and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and Service. We reserve all rights that are not expressly granted to you under this Agreement or by law. The look and feel of the Website and Service is copyright © GitHub, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, JavaScript, or visual design elements or concepts without express written permission from GitHub.
2. GitHub Trademarks and Logos
If you’d like to use GitHub’s trademarks, you must follow all of our trademark guidelines, including those on our logos page: https://github.com/logos.
3. License to GitHub Policies
This Agreement is licensed under this Creative Commons Zero license. For details, see our site-policy repository.
H. API Terms
Short version: You agree to these Terms of Service, plus this Section H, when using any of GitHub's APIs (Application Provider Interface), including use of the API through a third party product that accesses GitHub.
Abuse or excessively frequent requests to GitHub via the API may result in the temporary or permanent suspension of your Account's access to the API. GitHub, in our sole discretion, will determine abuse or excessive usage of the API. We will make a reasonable attempt to warn you via email prior to suspension.
You may not share API tokens to exceed GitHub's rate limitations.
You may not use the API to download data or Content from GitHub for spamming purposes, including for the purposes of selling GitHub users' personal information, such as to recruiters, headhunters, and job boards.
All use of the GitHub API is subject to these Terms of Service and the GitHub Privacy Statement.
GitHub may offer subscription-based access to our API for those Users who require high-throughput access or access that would result in resale of GitHub's Service.
I. GitHub Additional Product Terms
Short version: You need to follow certain specific terms and conditions for GitHub's various features and products, and you agree to the Supplemental Terms and Conditions when you agree to this Agreement.
Some Service features may be subject to additional terms specific to that feature or product as set forth in the GitHub Additional Product Terms. By accessing or using the Services, you also agree to the GitHub Additional Product Terms.
J. Beta Previews
Short version: Beta Previews may not be supported or may change at any time. You may receive confidential information through those programs that must remain confidential while the program is private. We'd love your feedback to make our Beta Previews better.
1. Subject to Change
Beta Previews may not be supported and may be changed at any time without notice. In addition, Beta Previews are not subject to the same security measures and auditing to which the Service has been and is subject. By using a Beta Preview, you use it at your own risk.
2. Confidentiality
As a user of Beta Previews, you may get access to special information that isn’t available to the rest of the world. Due to the sensitive nature of this information, it’s important for us to make sure that you keep that information secret.
Confidentiality Obligations. You agree that any non-public Beta Preview information we give you, such as information about a private Beta Preview, will be considered GitHub’s confidential information (collectively, “Confidential Information”), regardless of whether it is marked or identified as such. You agree to only use such Confidential Information for the express purpose of testing and evaluating the Beta Preview (the “Purpose”), and not for any other purpose. You should use the same degree of care as you would with your own confidential information, but no less than reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of our Confidential Information. You promise not to disclose, publish, or disseminate any Confidential Information to any third party, unless we don’t otherwise prohibit or restrict such disclosure (for example, you might be part of a GitHub-organized group discussion about a private Beta Preview feature).
Exceptions. Confidential Information will not include information that is: (a) or becomes publicly available without breach of this Agreement through no act or inaction on your part (such as when a private Beta Preview becomes a public Beta Preview); (b) known to you before we disclose it to you; (c) independently developed by you without breach of any confidentiality obligation to us or any third party; or (d) disclosed with permission from GitHub. You will not violate the terms of this Agreement if you are required to disclose Confidential Information pursuant to operation of law, provided GitHub has been given reasonable advance written notice to object, unless prohibited by law.
3. Feedback
We’re always trying to improve of products and services, and your feedback as a Beta Preview user will help us do that. If you choose to give us any ideas, know-how, algorithms, code contributions, suggestions, enhancement requests, recommendations or any other feedback for our products or services (collectively, “Feedback”), you acknowledge and agree that GitHub will have a royalty-free, fully paid-up, worldwide, transferable, sub-licensable, irrevocable and perpetual license to implement, use, modify, commercially exploit and/or incorporate the Feedback into our products, services, and documentation.
K. Payment
Short version: You are responsible for any fees associated with your use of GitHub. We are responsible for communicating those fees to you clearly and accurately, and letting you know well in advance if those prices change.
1. Pricing
Our pricing and payment terms are available at github.com/pricing. If you agree to a subscription price, that will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term.
2. Upgrades, Downgrades, and Changes
•	We will immediately bill you when you upgrade from the free plan to any paying plan.
•	If you change from a monthly billing plan to a yearly billing plan, GitHub will bill you for a full year at the next monthly billing date.
•	If you upgrade to a higher level of service, we will bill you for the upgraded plan immediately.
•	You may change your level of service at any time by choosing a plan option or going into your Billing settings. If you choose to downgrade your Account, you may lose access to Content, features, or capacity of your Account. Please see our section on Cancellation for information on getting a copy of that Content.
3. Billing Schedule; No Refunds
Payment Based on Plan For monthly or yearly payment plans, the Service is billed in advance on a monthly or yearly basis respectively and is non-refundable. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused with an open Account; however, the service will remain active for the length of the paid billing period. In order to treat everyone equally, no exceptions will be made.
Payment Based on Usage Some Service features are billed based on your usage. A limited quantity of these Service features may be included in your plan for a limited term without additional charge. If you choose to use paid Service features beyond the quantity included in your plan, you pay for those Service features based on your actual usage in the preceding month. Monthly payment for these purchases will be charged on a periodic basis in arrears. See GitHub Additional Product Terms for Details.
Invoicing For invoiced Users, User agrees to pay the fees in full, up front without deduction or setoff of any kind, in U.S. Dollars. User must pay the fees within thirty (30) days of the GitHub invoice date. Amounts payable under this Agreement are non-refundable, except as otherwise provided in this Agreement. If User fails to pay any fees on time, GitHub reserves the right, in addition to taking any other action at law or equity, to (i) charge interest on past due amounts at 1.0% per month or the highest interest rate allowed by law, whichever is less, and to charge all expenses of recovery, and (ii) terminate the applicable order form. User is solely responsible for all taxes, fees, duties and governmental assessments (except for taxes based on GitHub's net income) that are imposed or become due in connection with this Agreement.
4. Authorization
By agreeing to these Terms, you are giving us permission to charge your on-file credit card, PayPal account, or other approved methods of payment for fees that you authorize for GitHub.
5. Responsibility for Payment
You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay GitHub any charge incurred in connection with your use of the Service. If you dispute the matter, contact us through the GitHub Support portal. You are responsible for providing us with a valid means of payment for paid Accounts. Free Accounts are not required to provide payment information.
L. Cancellation and Termination
Short version: You may close your Account at any time. If you do, we'll treat your information responsibly.
1. Account Cancellation
It is your responsibility to properly cancel your Account with GitHub. You can cancel your Account at any time by going into your Settings in the global navigation bar at the top of the screen. The Account screen provides a simple, no questions asked cancellation link. We are not able to cancel Accounts in response to an email or phone request.
2. Upon Cancellation
We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile and the Content of your repositories within 90 days of cancellation or termination (though some information may remain in encrypted backups). This information cannot be recovered once your Account is canceled.
We will not delete Content that you have contributed to other Users' repositories or that other Users have forked.
Upon request, we will make a reasonable effort to provide an Account owner with a copy of your lawful, non-infringing Account contents after Account cancellation, termination, or downgrade. You must make this request within 90 days of cancellation, termination, or downgrade.
3. GitHub May Terminate
GitHub has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. GitHub reserves the right to refuse service to anyone for any reason at any time.
4. Survival
All provisions of this Agreement which, by their nature, should survive termination will survive termination — including, without limitation: ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
M. Communications with GitHub
Short version: We use email and other electronic means to stay in touch with our users.
1. Electronic Communication Required
For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.
2. Legal Notice to GitHub Must Be in Writing
Communications made through email or GitHub Support's messaging system will not constitute legal notice to GitHub or any of its officers, employees, agents or representatives in any situation where notice to GitHub is required by contract or any law or regulation. Legal notice to GitHub must be in writing and served on GitHub's legal agent.
3. No Phone Support
GitHub only offers support via email, in-Service communications, and electronic messages. We do not offer telephone support.
N. Disclaimer of Warranties
Short version: We provide our service as is, and we make no promises or guarantees about this service. Please read this section carefully; you should understand what to expect.
GitHub provides the Website and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.
GitHub does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.
O. Limitation of Liability
Short version: We will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you.
You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from
•	the use, disclosure, or display of your User-Generated Content;
•	your use or inability to use the Service;
•	any modification, price change, suspension or discontinuance of the Service;
•	the Service generally or the software or systems that make the Service available;
•	unauthorized access to or alterations of your transmissions or data;
•	statements or conduct of any third party on the Service;
•	any other user interactions that you input or receive through your use of the Service; or
•	any other matter relating to the Service.
Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.
P. Release and Indemnification
Short version: You are responsible for your use of the service. If you harm someone else or get into a dispute with someone else, we will not be involved.
If you have a dispute with one or more Users, you agree to release GitHub from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that GitHub (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases GitHub of all liability); and (3) provides to you all reasonable assistance, at your expense.
Q. Changes to These Terms
Short version: We want our users to be informed of important changes to our terms, but some changes aren't that important — we don't want to bother you every time we fix a typo. So while we may modify this agreement at any time, we will notify users of any material changes and give you time to adjust to them.
We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price increases, at least 30 days prior to the change taking effect by posting a notice on our Website or sending email to the primary email address specified in your GitHub account. Customer's continued use of the Service after those 30 days constitutes agreement to those revisions of this Agreement. For any other modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service. You can view all changes to these Terms in our Site Policy repository.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.
R. Miscellaneous
1. Governing Law
Except to the extent applicable law provides otherwise, this Agreement between you and GitHub and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions. You and GitHub agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of San Francisco, California. However, any claim for injunctive relief with respect to a violation of section D.8 may be brought in any jurisdiction.
2. Non-Assignability
GitHub may assign or delegate these Terms of Service and/or the GitHub Privacy Statement, in whole or in part, to any person or entity at any time with or without your consent, including the license grant in Section D.4. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by you is void.
3. Section Headings and Summaries
Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.
4. Severability, No Waiver, and Survival
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of GitHub to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
5. Amendments; Complete Agreement
This Agreement may only be modified by a written amendment signed by an authorized representative of GitHub, or by the posting by GitHub of a revised version in accordance with Section Q. Changes to These Terms. These Terms of Service, together with the GitHub Privacy Statement, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and GitHub relating to the subject matter of these terms including any confidentiality or nondisclosure agreements.

GitHub Corporate Terms of Service
In this article
Note
The GitHub Corporate Terms of Service were deprecated effective 30 November 2021, and are no longer used for new customers. The terms below apply only to those GitHub customers with executed agreements that explicitly reference the Corporate Terms of Service. All other business or institution customers are directed to the GitHub Customer Agreement terms available at github.com/customer-terms.
GitHub Corporate Terms of Service
Version Effective Date: November 16, 2020
This Agreement applies to the following GitHub offerings, as further defined below (collectively, the “Products”):
•	The Service;
•	Any Beta Previews;
•	Any related Support; and
•	Any related Professional Services.
A. Definitions
“Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with a party where "control" means having more than fifty percent (50%) ownership or the right to direct the management of the entity.
“Agreement” means, collectively, all the terms, conditions, notices contained or referenced in this document and all other operating rules, policies and procedures that GitHub may publish from time to time on the Service. GitHub's site policies are available at https://docs.github.com/categories/site-policy.
“All Users” means, collectively, Customer’s Users and External Users who use the Service.
“Americas” means the United States, Canada, Mexico, or a country in Central or South America or the Caribbean.
"Beta Previews" mean software, services, or features identified as alpha, beta, preview, early access, or evaluation, or words or phrases with similar meanings.
"Confidential Information" means all non-public information disclosed by either Party to the others, whether in writing, orally or by other means, designated as confidential or that the receiving Party knows or reasonably should know, under the circumstances surrounding the disclosure and the nature of the information, is confidential to the disclosing Party. For the avoidance of doubt, no Content posted on the Service will be considered Confidential Information except for Customer Content stored solely in Customer’s Private Repositories. Confidential Information does not include any information that (i) was or becomes publicly known through no fault of the receiving party; (ii) was rightfully known or becomes rightfully known to the receiving Party without confidential or proprietary restriction from a source other than the disclosing party who has a right to disclose it; (iii) is approved by the disclosing Party for disclosure without restriction in a written document which is signed by a duly authorized officer of such disclosing Party; (iv) the receiving Party independently develops without access to or use of the other Party's Confidential Information; or (v) is or has been stored or posted on the Service and outside of Customer’s Private Repositories.
"Content" means, without limitation, code, text, data, articles, images, packages, photographs, graphics, software, applications, designs, features, and other materials that are featured, displayed, or otherwise made available through the Service.
"Corporate Account" means an account created by a User on behalf of an entity.
"Customer" means the company or organization that has entered into this Agreement with GitHub by clicking on the "I AGREE" or similar button or by accessing the Products.
"Customer Content" means Content that Customer creates, owns, or to which Customer holds the rights.
"Documentation" means any manuals, documentation and other supporting materials relating to the Products that GitHub provides or makes available to Customer.
"Effective Date" is the earlier of the date on which Customer (i) clicks “I agree” to the terms and conditions of this Agreement, or (ii) first places an order for the Products.
"External User" means an individual, not including Customer’s Users, who visit or use the Service.
"Feedback" means any ideas, know-how, algorithms, code contributions, suggestions, enhancement requests, recommendations or any other feedback on GitHub products or services.
"Fees" means the fees Customer is required to pay GitHub to (i) use the Products during the applicable Term or (ii) receive Professional Services, as such fees are reflected on an Order Form or SOW.
“Fork” means to copy the Content of one repository into another repository.
“GitHub” means GitHub, Inc., its Affiliates, and its Representatives.
"GitHub Content" means Content that GitHub creates, owns, or to which it holds the rights.
“Machine Account” means an account registered by an individual human who accepts the applicable terms of service on behalf of the Machine Account, provides a valid email address, and is responsible for its actions. A Machine Account is used exclusively for performing automated tasks. Multiple Users may direct the actions of a Machine Account, but the owner of the account is ultimately responsible for the machine's actions.
"Order Form" means written or electronic documentation (including a quote) that the Parties may use to order the Products.
“Organization” means a shared workspace that may be associated with a single entity or with one or more Users where multiple Users can collaborate across many projects at once. A User can be a member of more than one Organization.
“Private Repository” means a repository which allows a User to control access to Content.
"Professional Services" means training, consulting, or implementation services that GitHub provides to Customer pursuant to a mutually executed SOW. Professional Services do not include Support.
“Public Repository” means a repository whose Content is visible to All Users.
"Representatives" means a Party’s employees, officers, agents, independent contractors, consultants, and legal and financial advisors.
“Scraping” means extracting data from the Service via an automated process, such as a bot or webcrawler, and does not include the collection of information through GitHub's API.
"Service" means GitHub's hosted service and any applicable Documentation.
"SOW" means a mutually executed statement of work detailing the Professional Services GitHub will perform, any related Fees, and each party's related obligations.
"Subscription License" means the license assigned to each User to install, operate, access, and use the Service on Customer’s behalf. Customer may only assign one Subscription License per User across its Organizations. For clarity, once Customer assigns a Subscription License to a User, Customer is prohibited from bifurcating the Subscription License so that one User can use a Subscription License on one Organization while another User uses the same Subscription License on another Organization.
“Support” means technical support for the Service that GitHub may provide.
"User" means an individual or Machine Account who (a) accesses or uses the Service, (b) accesses or uses any part of Customer’s account; or (c) directs the use of Customer’s account in the performance of functions, in each case on Customer’s behalf. The number of Users should not exceed the number of Subscription Licenses that Customer has purchased.
“User-Generated Content” means Content created or owned by a third party or External User.
B. Account Terms
1. Account Controls.
•	Users. Customer acknowledges that Users retain ultimate administrative control over their individual accounts and the Content within them. GitHub's Standard Terms of Service govern Users' use of the Service, except with respect to Users' activities under this Section B.
•	Organizations. Customer retains ultimate administrative control over any Organization created on Customer’s behalf and User-Generated Content posted to the repositories within its Organization(s), subject to this Section B. This Section B will govern the use of Customer’s Organization(s).
2. Account Requirements
In order to create an account, Customer must adhere to the following:
•	Customer must not create an account for use of any person under the age of 13. If GitHub learns of any User under the age of 13, it will terminate that User's account immediately. If Customer or its User(s) are located in a country outside the United States, that country's minimum age may be older; in such a case, Customer is responsible for complying with that country's laws.
•	A User’s login may not be shared by multiple people.
•	Customer must not use the Products (a) in violation of export control or sanctions laws of the United States or any other applicable jurisdiction; (b) if it is located in or ordinarily resident in a country or territory subject to comprehensive sanctions administered by the U.S. Office of Foreign Assets Control (OFAC); or (c) if it is or is working on behalf of a Specially Designated National (SDN) or a person subject to similar blocking or denied party prohibitions. For more information, please see our Export Controls policy.
3. Account Security
Customer is responsible for: (i) all Content posted and activity that occurs under its Corporate Account; (ii) maintaining the security of its account login credentials; and (iii) promptly notifying GitHub upon becoming aware of any unauthorized use of, or access to, the Service through its account. GitHub will not be liable for any loss or damage from Customer’s failure to comply with this Section B.
4. Third Party Terms
In some situations, third parties' terms may apply to Customer's use of GitHub. For example, Customer may be a member of an Organization with its own terms or license agreements; Customer may download an application that integrates with the Service; or Customer may use the Service to authenticate to another service. While this Agreement is GitHub’s full agreement with Customer, other parties' terms govern their relationships with Customer.
5. U.S. Federal Government Terms
If Customer is a U.S. government entity or otherwise accessing or using the Service in a government capacity, the U.S. Federal Government Amendment applies, and Customer agrees to its provisions.
6. Enterprise Cloud Service Level Agreement
GitHub’s quarterly uptime commitment for GitHub Enterprise Cloud is provided in the Enterprise Service Level Agreement. If Customer signed up for GitHub Enterprise Cloud, then Customer will be entitled to a service credit if GitHub does not meet its service level.
C. Compliance with Laws; Acceptable Use; Privacy
1. Compliance with Laws and Regulations
Customer’s use of the Products must not violate any applicable laws, including copyright or trademark laws, export control laws, or regulations in its jurisdiction.
2. Acceptable Use
Customer’s use of the Service must comply with GitHub's Acceptable Use Policies and GitHub’s Community Guidelines. Customer must not use the Service in any jurisdiction for unlawful, obscene, offensive or fraudulent Content or activity, such as advocating or causing harm, interfering with or violating the integrity or security of a network or system, evading filters, sending unsolicited, abusive, or deceptive messages, viruses or harmful code, or violating third party rights.
3. Privacy
The GitHub Privacy Statement and the GitHub Data Protection Agreement provide detailed notice of GitHub's privacy and data use practices as well as GitHub's processing and security obligations with respect to Customer Personal Data. Any person, entity, or service collecting data from the Service must comply with the GitHub Privacy Statement, particularly in regards to the collection of personal data (as defined in the GitHub Privacy Statement). If Customer collects any personal information from GitHub, Customer will only use it for the purpose for which the External User has authorized it. Customer will reasonably secure any such Personal Information, and Customer will respond promptly to complaints, removal requests, and "do not contact" requests from GitHub or External Users.
D. Content Responsibility; Ownership; License Rights
1. Responsibility for User-Generated Content
Customer may create or upload User-Generated Content while using the Service. Customer is solely responsible for any User-Generated Content that it posts, uploads, links to or otherwise make available via the Service, regardless of the form of that User-Generated Content. GitHub is not responsible for any public display or misuse of User-Generated Content.
2. Ownership of Content, Right to Post, and License Grants
Customer retains ownership of Customer Content that Customer creates or owns. Customer acknowledges that it: (a) is responsible for Customer Content, (b) will only submit Customer Content that Customer has the right to post (including third party or User-Generated Content), and (c) Customer will fully comply with any third-party licenses relating to Customer Content that Customer posts. Customer grants the rights set forth in Sections D.3 through D.6, free of charge and for the purposes identified in those sections until such time as Customer removes Customer Content from GitHub servers, except for Content Customer has posted publicly and that External Users have Forked, in which case the license is perpetual until such time as all Forks of Customer Content have been removed from GitHub servers. If Customer uploads Customer Content that already comes with a license granting GitHub the permissions it needs to run the Service, no additional license is required.
3. License Grant to Us
Customer grants to GitHub the right to store, archive, parse, and display Customer Content, and make incidental copies, only as necessary to provide the Service, including improving the Service over time. This license includes the right to copy Customer Content to GitHub's database and make backups; display Customer Content to Customer and those to whom Customer chooses to show it; parse Customer Content into a search index or otherwise analyze it on GitHub's servers; share Customer Content with External Users with whom Customer chooses to share it; and perform Customer Content, in case it is something like music or video. These rights apply to both public and Private Repositories. This license does not grant GitHub the right to sell Customer Content. It also does not grant GitHub the right to otherwise distribute or use Customer Content outside of our provision of the Service, except that as part of the right to archive Customer Content, GitHub may permit our partners to store and archive Customer Content in public repositories in connection with the GitHub Arctic Code Vault and GitHub Archive Program. Customer grants to GitHub the rights it needs to use Customer Content without attribution and to make reasonable adaptations of Customer Content as necessary to provide the Service.
4. License Grant to External Users
Any Content that Customer posts publicly, including issues, comments, and contributions to External Users' repositories, may be viewed by others. By setting its repositories to be viewed publicly, Customer agree to allow External Users to view and Fork Customer’s repositories. If Customer sets its pages and repositories to be viewed publicly, Customer grants to External Users a nonexclusive, worldwide license to use, display, and perform Customer Content through the Service and to reproduce Customer Content solely on the Service as permitted through functionality provided by GitHub (for example, through Forking). Customer may grant further rights to Customer Content if Customer adopts a license. If Customer is uploading Customer Content that it did not create or own, Customer is responsible for ensuring that the Customer Content it uploads is licensed under terms that grant these permissions to External Users
5. Contributions Under Repository License
Whenever Customer adds Content to a repository containing notice of a license, it licenses that Content under the same terms and agrees that it has the right to license that Content under those terms. If Customer has a separate agreement to license that Content under different terms, such as a contributor license agreement, that agreement will supersede.
6. Moral Rights
Customer retains all moral rights to Customer Content that it uploads, publishes, or submits to any part of the Service, including the rights of integrity and attribution. However, Customer waives these rights and agrees not to assert them against GitHub, solely to enable GitHub to reasonably exercise the rights granted in Section D, but not otherwise.
E. Private Repositories
1. Control
Customer is responsible for managing access to its Private Repositories, including invitations, administrative control of Organizations and teams, and of access.
2. Confidentiality
GitHub considers Customer Content in Customer’s Private Repositories to be Customer’s Confidential Information. GitHub will protect and keep strictly confidential the Customer Content of Private Repositories in accordance with Section P.
3. Access
GitHub personnel may only access Customer's Private Repositories in the situations described in our Privacy Statement.
Customer may choose to enable additional access to its Private Repositories. For example, Customer may enable various GitHub services or features that require additional rights to Customer Content in Private Repositories. These rights may vary depending on the service or feature, but GitHub will continue to treat Customer Content in Customer’s Private Repositories as Customer’s Confidential Information. If those services or features require rights in addition to those it needs to provide the Service, GitHub will provide an explanation of those rights.
Additionally, we may be compelled by law to disclose the contents of your private repositories.
GitHub will provide notice regarding our access to private repository content, unless for legal disclosure, to comply with our legal obligations, or where otherwise bound by requirements under law, for automated scanning, or if in response to a security threat or other risk to security.
F. Intellectual Property Notice
1. GitHub's Rights to Content
The look and feel of the Service is copyright © GitHub, Inc. All rights reserved. Customer may not duplicate, copy, or reuse any portion of the HTML/CSS, JavaScript, or visual design elements or concepts without express written permission from GitHub.
2. GitHub Trademarks and Logos
If Customer would like to use GitHub's trademarks, Customer must follow all of GitHub's trademark guidelines, including those on GitHub's logos page.
3. License to GitHub Policies
This Agreement is licensed under the Creative Commons Zero license. For details, see our site-policy repository.
4. Copyright Infringement and DMCA Policy
If Customer is a copyright owner and believes that Content on the Service violates Customer’s copyright, Customer may notify GitHub in accordance with GitHub's Digital Millennium Copyright Act Policy via the DMCA form or by emailing copyright@github.com.
5. Intellectual Property Rights Reserved
As between the Parties, GitHub owns all right, title and interest, including all intellectual property rights, in and to the Products. GitHub reserves all rights in and to the Products not expressly granted to Customer under this Agreement.
G. GitHub Additional Product Terms
Some Service features may be subject to additional terms as set forth in the GitHub Additional Product Terms. By accessing or using these features, Customer agrees to the GitHub Additional Product Terms.
H. Subscription Licenses
Subscription Licenses are granted on a per User basis and multiple Users may not use the same Subscription License. Customer may reassign a Subscription License to a new User only after ninety (90) days from the last reassignment of that same Subscription License, unless the reassignment is due to (i) permanent hardware failure or loss, (ii) termination of the User’s employment or contract, or (iii) temporary reallocation of Subscription Licenses to cover a User’s absence. When Customer reassigns a Subscription License from one User to another, Customer must block the former User’s access to the Subscription License and Customer’s Organizations.
I. Affiliates
Customer’s Affiliates are authorized to use the Products in accordance with this Agreement, so long as Customer remains fully responsible for their access and use of the Products.
J. Payment
1. Pricing; Fees
Payment Terms Our pricing is available at github.com/pricing (unless otherwise negotiated by the parties and stated in an Order Form). Customer agrees to pay the Fees in full, up front without deduction or setoff of any kind, in U.S. Dollars. Customer must pay the Fees within thirty (30) days of the GitHub invoice date. Amounts payable under this Agreement are non-refundable, except as otherwise provided in this Agreement. If Customer fails to pay any Fees on time, GitHub reserves the right, in addition to taking any other action at law or equity, to (i) charge interest on past due amounts at 1.0% per month or the highest interest rate allowed by law, whichever is less, and to charge all expenses of recovery, and (ii) terminate the applicable Order Form or SOW. Customer is solely responsible for all taxes, fees, duties and governmental assessments (except for taxes based on GitHub's net income) that are imposed or become due in connection with this Agreement.
Usage-Based Billing Some Service features are billed based on your usage. A limited quantity of these Service features may be included in your plan for a limited term without additional charge. If you choose to purchase paid Service features beyond the quantity included in your plan, you pay for those Service features based on your actual usage in the preceding month. Monthly payment for these purchases will be charged on a periodic basis in arrears, provided that for invoiced customers, paid Service features are billed in advance. See GitHub Additional Product Terms for details.
2. Purchasing Additional Subscription Licenses
Customer may obtain additional Subscription Licenses under this Agreement by submitting a request through the Service or via its sales team. If Customer purchases the additional Subscription Licenses, Customer must pay the then-currently applicable Fees for them, prorated for the balance of the applicable Subscription Term. Upon renewal of Customer’s Subscription Licenses for another Subscription Term, GitHub will invoice all Subscription Licenses at once on an annual basis unless otherwise specified in an Order Form.
3. Authorization
Customer authorizes GitHub to charge the on-file credit card, PayPal account, or other approved methods of payment for Fees.
K. Term; Termination; Suspension
1. Term
This Agreement starts on the Effective Date and will continue in effect until terminated by a Party in accordance with this Section K.
2. Termination for Convenience; Account Cancellation
Either Party may terminate an Order Form (if applicable) or this Agreement, without cause, upon at least thirty (30) days' prior written notice. If Customer elects to terminate an Order Form or Agreement, it is Customer's responsibility to properly cancel its account with GitHub by going into Settings in the global navigation bar at the top of the screen. GitHub cannot cancel accounts in response to an email or phone request.
3. Termination for Material Breach
Either Party may terminate this Agreement immediately upon notice if the other Party breaches a material obligation under this Agreement and fails to cure the breach within thirty (30) days from the date it receives notification. GitHub may terminate this Agreement if Customer's Account has been suspended for more than 90 days.
4. Effect of Termination
•	Order Forms. Upon termination of this Agreement, Customer may not execute additional Order Forms (if applicable); however, this Agreement will remain in effect for the remainder of any active Order Forms. When an Order Form terminates or expires, as to that Order Form: (i) the Term will immediately end; (ii) any Subscription Licenses in the Order Form will automatically terminate, and Customer will no longer have the right to use the Service; (iii) if any Fees were owed prior to termination, Customer must pay those Fees immediately; (iv) each Party will promptly return (or, if the other party requests it, destroy) all Confidential Information belonging to the other to the extent permitted by the Service. Notwithstanding the foregoing, GitHub will make a reasonable effort to provide Customer with a copy of its lawful, non-infringing account Contents upon request; provided that Customer makes this request within 90 days of termination, suspension, or downgrade.
•	GitHub will retain and use Customer's information as necessary to comply with our legal obligations, resolve disputes, and enforce GitHub's agreements, but barring legal requirements, GitHub will delete Customer's full profile and the Content of its repositories within 90 days of termination or expiration (though some information may remain in encrypted backups). This information cannot be recovered once Customer's account is canceled.
•	GitHub will not delete Content that Customer has contributed to External Users' repositories or that External Users have forked.
5. Suspension
GitHub has the right to suspend access to all or any part of the Service, including removing Content, at any time for violation of this Agreement or to protect the integrity, operability, and security of the Service, effective immediately, with or without notice. Unless prohibited by law or legal process or to prevent imminent harm to the Service or any third party, GitHub typically provides notice in the form of a banner or email on or before such suspension. GitHub will, in its discretion and using good faith, tailor any suspension as needed to preserve the integrity, operability, and security of the Service.
6. Survival
All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
L. Communications with GitHub
1. Electronic Communication Required
For contractual purposes, Customer (1) consents to receive communications in an electronic form via the email address it submitted or via the Service; and (2) agrees that all Terms of Service, agreements, notices, disclosures, and other communications that GitHub provides electronically satisfies any legal requirement that those communications would satisfy if they were on paper. This section does not affect Customer's non-waivable rights.
2. Legal Notice to GitHub Must Be in Writing
Communications made through email or GitHub Support's messaging system will not constitute legal notice to GitHub in any situation where notice to GitHub is required by contract or any law or regulation. Legal notice to GitHub must be in writing and served on GitHub's legal agent.
M. Limited Warranty; Disclaimer
General Warranty. Each Party represents and warrants to the other that it has the legal power and authority to enter into this Agreement, and that this Agreement and each Order Form and SOW is entered into by an employee or agent of such Party with all necessary authority to bind such Party to the terms and conditions of this Agreement.
Professional Services Warranty. Unless otherwise set forth in an SOW, GitHub warrants that any Professional Services performed under this Agreement will be performed in a professional and workmanlike manner by appropriately qualified personnel. GitHub's only obligation, and Customer's only remedy, for a breach of this warranty will be, at GitHub's option and expense, to either: (i) promptly re-perform any Professional Services that fail to meet this warranty or (ii) if the breach cannot be cured, terminate the SOW and refund the unused prepaid Fees.
Service Disclaimer. GitHub provides the Service “AS IS” and “AS AVAILABLE” without warranty of any kind. Without limiting this, GitHub expressly disclaims all warranties, whether express, implied or statutory, regarding the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement. GitHub does not warrant that the Service will meet Customer's requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. GitHub will not be responsible for any risk of loss resulting from Customer's downloading and/or use of files, information, Content or other material obtained from the Service.
Beta Previews Disclaimer. Customer may choose to use Beta Previews in its sole discretion. Beta Previews may not be supported and may be changed at any time without notice. Beta Previews may not be as reliable or available as the Service. Beta Previews are not subject to the same security measures and auditing to which the Service has been and is subject. GitHub will have no liability arising out of or in connection with Beta Previews. Customer uses Beta Previews at its own risk.
N. Limitations of Liability
Indirect Damages. To the maximum extent permitted by applicable law, in no event will either party be liable to the other party or to any third party for any indirect, special, incidental, punitive, or consequential damages (including for loss of profits, revenue, or data) or for the cost of obtaining substitute products arising out of or in connection with this Agreement, however caused, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not a party has been advised of the possibility of such damages.
Limitation of Total Liability. To the maximum extent permitted by applicable law, in no event will either party's total cumulative liability under this Agreement from all causes of action and all theories of liability exceed the Fees Customer has actually paid to GitHub during the 12 months preceding the claim giving rise to such liability. For products and services (including use of the Products) that are provided free of charge, GitHub’s liability is limited to direct damages up to $5,000.00 USD. For Beta Previews, GitHub's liability is limited to direct damages up to $500.00 USD.
Exclusions. The exclusions and limitations set forth in this Section N will not apply to liability arising out of (1) a Party’s breach of its confidentiality obligations in Section P (except for all liability related to Content (excluding GitHub Content), which will remain subject to the limitations and exclusions above) or (2) a Party’s defense obligations in Section O.
O. Defense of Claims; Release
The Parties will defend each other against third-party claims, as and to the extent set forth in this Section O and will pay the amount of any resulting adverse final judgment or approved settlement, but only if the defending Party is promptly notified in writing of the claim and has the right to control the defense and any settlement of it. The Party being defended must provide the defending Party with all requested assistance, information, and authority. The defending Party will reimburse the other Party for reasonable out-of-pocket expenses it incurs in providing assistance, and will not settle or make any admissions with respect to a third-party claim without the other Party’s prior written consent, not to be unreasonably withheld or delayed. This Section O describes the Parties’ sole remedies and entire liability for such claims.
1. By GitHub
GitHub will defend Customer against any claim brought by an unaffiliated third party to the extent it alleges Customer’s authorized use of the Service infringes a copyright, patent, or trademark or misappropriates a trade secret of an unaffiliated third party. If GitHub is unable to resolve any such claim under commercially reasonable terms, it may, at its option, either: (a) modify, repair, or replace the Service (as applicable); or (b) terminate Customer’s subscription and refund any prepaid, unused subscription fees. GitHub will have no obligation under this Section O.1 for any such claim arising from: i) the modification of the Service, or the combination, operation, or use of the Service with equipment, devices, software, systems, or data, other than as expressly authorized by this Agreement (including the Documentation); (ii) Customer’s failure to stop using the Service after receiving notice to do so; (iii) Customer’s obligations under Section O.2; (iv) products or services (including use of the Service) that are provided by GitHub free of charge; or (v) access or use of Beta Previews. For purposes of GitHub’s obligation under this Section O.1, the Service includes open source components incorporated by GitHub therein.
2. By Customer
Customer will defend GitHub against any claim brought by an unaffiliated third party arising from: (i) Customer Content that Customer uploads to the Service; (ii) Customer's violation of this Agreement, including Customer’s breach of confidentiality or violation of Section C; or (iii) any third party-branded equipment, devices, software, systems, or data that Customer combines, operates, or uses with the Service.
3. Disputes with Other Users
If Customer has a dispute with one or more Users, Customer releases GitHub from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
P. Confidentiality
Neither Party will use the other Party's Confidential Information, except as permitted under this Agreement. Each Party agrees to maintain in confidence and protect the other Party's Confidential Information using at least the same degree of care as it uses for its own information of a similar nature, but in any event at least a reasonable degree of care. Each Party agrees to take all reasonable precautions to prevent any unauthorized disclosure of the other Party's Confidential Information, including, without limitation, disclosing such Confidential Information only to its Representatives who (i) have a need to know such information, (ii) are parties to appropriate agreements sufficient to comply with this Section P, and (iii) are informed of the restrictions on use and disclosure set forth in this Section P. Each Party is responsible for all acts and omissions of its Representatives. The foregoing obligations will not restrict either Party from disclosing Confidential Information of the other Party pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that the Party required to make such a disclosure gives reasonable notice to the other Party to enable such Party to contest such order or requirement, unless such notice is prohibited by law. The restrictions set forth in this Section P will survive the termination or expiration of this Agreement.
Q. Professional Services
Upon Customer’s request for Professional Services, GitHub will provide an SOW detailing such Professional Services. GitHub will perform the Professional Services described in each SOW. GitHub will control the manner and means by which the Professional Services are performed and reserves the right to determine personnel assigned. GitHub may use third parties to perform the Professional Services, provided that GitHub remains responsible for their acts and omissions. Customer acknowledges and agrees that GitHub retains all right, title and interest in and to anything used or developed in connection with performing the Professional Services, including software, tools, specifications, ideas, concepts, inventions, processes, techniques, and know-how. To the extent GitHub delivers anything to Customer while performing the Professional Services, GitHub grants to Customer a non-exclusive, non-transferable, worldwide, royalty-free, limited-term license to use those deliverables during the term of this Agreement, solely in conjunction with Customer’s use of the Service.
R. Changes to the Service or Terms
GitHub reserves the right, at its sole discretion, to amend this Agreement at any time and will update this Agreement in the event of any such amendments. GitHub will notify Customer of material changes to this Agreement, such as price increases, at least 30 days prior to the change taking effect by posting a notice on the Service or sending email to the primary email address specified in your GitHub account. Customer's continued use of the Service after those 30 days constitutes agreement to those revisions of this Agreement. For any other modifications, Customer's continued use of the Service constitutes agreement to our revisions of this Agreement. Customer can view all changes to this Agreement in our Site Policy repository.
GitHub changes the Service via Updates and addition of new features. Notwithstanding the foregoing, GitHub reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice.
S. Support
GitHub will provide standard technical Support for the Service at no additional charge twenty-four (24) hours per day, five (5) days per week, excluding weekends and national U.S. holidays. Standard Support is only offered via web-based ticketing through GitHub Support, and Support requests must be initiated from a User with which GitHub's Support team can interact. GitHub may provide premium Support (subject to the GitHub Premium Support for Enterprise Cloud terms) or dedicated technical Support for the Service at the Support level, Fees, and Subscription Term specified in an Order Form or SOW.
T. Miscellaneous
1. Governing Law
If Customer’s principal office is in the Americas, this Agreement will be governed by and construed in accordance with the laws of the State of California, without giving effect to the principles of conflict of law, any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in the Northern District of California, and the Parties hereby consent to personal jurisdiction and venue therein. If Customer’s principal office is outside the Americas, this Agreement will be governed by the laws of Ireland, any legal action or proceeding arising under this Agreement will be brought exclusively in the courts located in Dublin, and the Parties hereby consent to personal jurisdiction and venue therein. The Parties expressly agree that the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act will not apply to this Agreement. Notwithstanding anything to the contrary in the foregoing, GitHub may bring a claim for equitable relief in any court with proper jurisdiction.
2. Feedback
Customer may provide Feedback to GitHub regarding the Products. Feedback is voluntary and is not Customer Confidential Information, even if designated as such. GitHub may fully exercise and exploit such Feedback for the purpose of (i) improving the operation, functionality and use of GitHub’s existing and future product offerings and commercializing such offerings; and (ii) publishing aggregated statistics about the quality of the Products, provided that no data in any such publication will be used to specifically identify Customer, its employees or Customer’s proprietary software code.
3. Non-Assignability
Neither Party may assign or otherwise transfer this Agreement, in whole or in part, without the other Party's prior written consent, such consent not to be unreasonably withheld, and any attempt to do so will be null and void, except that GitHub may assign this Agreement in its entirety, upon notice to the other party but without the other Party's consent, in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of the assigning party's business or assets.
4. Waiver
A Party's obligations under this Agreement may only be waived in writing signed by an authorized representative of the other Party. No failure or delay by a Party to this Agreement in exercising any right hereunder will operate as a waiver thereof, nor will any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right hereunder at law or equity.
5. Severability
If any provision of this Agreement is deemed by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the Parties will modify or reform this Agreement to give as much effect as possible to that provision. Any provision that cannot be modified or reformed in this way will be deemed deleted and the remaining provisions of this Agreement will continue in full force and effect.
6. Amendments; Complete Agreement; Order of Precedence
This Agreement may only be modified by a written amendment signed by an authorized representative of GitHub, or by GitHub posting a revised version in accordance with Section R. This Agreement represents the complete and exclusive agreement between the Parties. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between the Parties relating to the subject matter of these terms, including any confidentiality or nondisclosure agreements. In the event of any conflict between the terms of this Agreement and any Order Form or SOW, the terms of the Order Form or SOW will control with respect to that Order Form or SOW only.
7. Publicity
If Customer publicly displays the name of its company or organization on its account or otherwise publicly display its trademarks or logos on its profile page, Customer allows GitHub to use its company's or organization's name to identify Customer as a GitHub customer in promotional materials. Customer may revoke this permission by hiding its company or organization name from public display and notifying GitHub in writing to stop using its organization's name in promotional materials. However, GitHub will have no obligation to remove or recall any prior use or distribution of the promotional materials.
8. Force Majeure
GitHub will be excused from liability to the extent that it is unable to perform any obligation under this Agreement due to extraordinary causes beyond its reasonable control, including acts of God, natural disasters, strikes, lockouts, riots, acts of war, epidemics, or power, telecommunication or network failures.
9. Independent Contractors
Each Party is an independent contractor with respect to the subject matter of this Agreement. Nothing contained in this Agreement will be deemed or construed in any manner to create a legal association, partnership, joint venture, employment, agency, fiduciary, or other similar relationship between the Parties, and neither Party can bind the other contractually.
10. Questions
Questions about the Terms of Service? Contact us.