Generative AI Supplement
In addition to the Acceptable Use Policy (“AUP”), the Anyscale Terms of Service (“TOS”), and with respect to use of the AI Services by companies or other legal entities to process the personal data, the Data Processing Addendum (“DPA”), the following Generative AI Supplement (“GenAI Supplement”) governs your use of Anyscale-hosted Generative AI Models (defined below) via Anyscale’s Endpoints Service (collectively with Generative AI Models, the “AI Services”). Terms used in this Supplement but not defined herein shall have the meaning provided to them in the TOS. The AI Services shall be deemed “Platform Services” under the TOS, and the Agreement, as defined in the TOS will be deemed to include this Generative AI Supplement with respect to the AI Services.
Large language models (also known as “LLMs”) are a subset of machine learning models designed to take input and generate output (“Generative AI Models”). They are an experimental and rapidly evolving technology. If you use LLMs or other Generative AI Models provided by Anyscale, you acknowledge that they have many limitations, including:
Their randomness – Generative AI Models are inherently random in the way they create outputs, and providing the same input twice likely won’t return the same output;
Their unreliability – Generative AI Models are, by nature, designed to generate output (e.g., text) that appears to have been generated by a human - they are not designed to provide factually correct answers. As a consequence, the results you receive may sometimes generate information that may sound authoritative, but is factually incorrect.
They may create identical or near-identical output for multiple users.
They are not designed to provide tailored expertise – e.g., they are not designed to provide legal, financial, or medical information or advice.
Description of Services. The AI Service allows users to input queries ("Customer Inputs") via API and UI to selected third-party licensed machine learning models for processing ("Chosen Models"), receive responses to the Customer Inputs from each of the Chosen Models ("Model Outputs"), and generate metrics (e.g., latency, cost, tokens) for each of the Chosen Models (“Performance Metrics”). Users may also be provided a method to indicate which of the Model Outputs is superior ("Rankings") and may be permitted to store Customer Inputs, Model Outputs, and Rankings. The Customer Inputs, Model Outputs, Performance Metrics and Rankings are collectively referred to as “AI Data”; Customer Input and Model Outputs shall be considered “Customer Data” under the TOS.
Third Party Products. Any third party software, services, or other products you use in connection with the AI Service, including without limitation the Chosen Models (“Third Party Products”), are subject to their own terms and conditions and Anyscale is not responsible for Third Party Products. You expressly acknowledge and agree that your use of any Model Outputs may be subject to terms imposed by the providers of the Chosen Models. Anyscale makes no representations or warranties regarding, any Third Party Products, and your access to and use of such Third Party Products are at your own risk, which risk you expressly assume.
Anyscale Private Endpoints. You acknowledge that you have a choice to use a self-hosted version of the Anyscale Endpoints feature within an Anyscale Platform account (also known as ‘Anyscale Private Endpoints’) rather than the Anyscale-hosted Anyscale Endpoints service. If you choose to use the Anyscale-hosted Anyscale Endpoints service, Anyscale may select one or more of the Cloud Service Providers listed here at our sole discretion and without regard to the nature or sensitivity of your Customer Data. Notwithstanding anything to the contrary in the TOS or the DPA (including without limitation Section 3.6(b)), you expressly acknowledge and agree that:
Anyscale does not have visibility over the nature or sensitivity of the data which you submit to the AI Services and accordingly, Anyscale is not responsible for determining the adequacy of the Cloud Service Providers selected by Anyscale.
You understand that you are solely responsible for undertaking appropriate due diligence to establish that all of the Cloud Service Providers are appropriate and sufficient (including with respect to data security) for your processing requirements, taking into account the nature and sensitivity of your data (“Hosting Due Diligence”).
You hereby warrant that your choice to use the Anyscale-hosted version of Anyscale Endpoints shall follow the completion of Hosting Due Diligence.
Anyscale makes no representation or warranty regarding the security or data protection measures undertaken by any Cloud Service Provider and is not responsible for any acts or omissions of a Cloud Service Provider relating to the hosting of Anyscale Endpoints. You will defend Anyscale against Claims arising from (i) your failure to undertake Hosting Due Diligence, or (ii) any Personal Data Breach or any breach of applicable laws that arise from any act or omission of a Cloud Service Provider.
Your Rights in AI Data. As between the parties and to the extent permitted by applicable law, you own all Customer Inputs. Subject to any restrictions on the use of Model Outputs arising from the Chosen Models and your compliance with the Agreement, Anyscale grants to you a worldwide, royalty free, non-exclusive right and license to use the Model Outputs and Performance Metrics for your business purposes.
AI Usage Policies. Without limiting the TOS or AUP,
you must not use or permit others to use the AI Services to:
Perform or facilitate dangerous, illegal, or malicious activities, including
Facilitation or promotion of illegal activities or violations of law, such as
Promoting or generating content related to child sexual abuse or exploitation
Promoting or facilitating sale of, or providing instructions for synthesizing or accessing, illegal substances, goods, or services
Facilitating or encouraging users to commit any type of crimes
Promoting or generating violent extremism or terrorist content
Engaging in the unauthorized or unlicensed practice of any profession including, but not limited to, financial, legal, medical/health, or related professional practices
Abuse, harm, interference, or disruption of services (or enable others to do the same), such as
Promoting or facilitating the generation or distribution of spam
Generating content for deceptive or fraudulent activities, scams, phishing, or malware, including any code that is designed to disrupt, damage, or gain unauthorized access to a computer system
Attempts to override or circumvent safety filters or intentionally drive the model to act in a manner that contravenes Anyscale policies or applicable law
Generation of content that may harm or promote the harm of individuals or a group, such as
Generating content that expresses, facilitates, incites, promotes or encourages hatred, violence, self harm, suffering or humiliation
Generating, promoting, or furthering defamatory content, including the creation of defamatory statements, images, or other content
Facilitating methods of harassment or bullying to intimidate, abuse, or insult others
Generating personally identifying information for distribution or other harms
Processing, disclosing, generating, or inferring health, demographic, or other sensitive personal or private information about individuals without rights and consents required by applicable laws
Distributing material to minors, including obscene materials, where the law requires age-gating such materials
Tracking or monitoring people without their consent
Generating content that may have unfair or adverse impacts on people, particularly impacts related to sensitive or protected characteristics
Engage in or facilitate any action or generate any content that infringes, misappropriates, or otherwise violates any third-party rights, including intellectual property rights
Generate and distribute content intended or likely to misinform, misrepresent or mislead, including
Misrepresentation of the provenance of generated content by claiming content was created by a human, or represent generated content as original works, in order to deceive
Generation of content that impersonates an individual (living or dead) without explicit disclosure, in order to deceive
Generation or facilitation of false online engagement, including fake reviews and other means of fake online engagement
Misleading claims of expertise or capability made particularly in sensitive areas (e.g. health, finance, government services, or legal)
Make automated decisions in domains that affect material or individual rights or well-being (e.g., finance, legal, employment, healthcare, housing, insurance, and social welfare)
Generate sexually explicit content, including content created for the purposes of pornography or sexual gratification (e.g. sexual chatbots); note that this does not include content created for scientific, educational, documentary, or artistic purposes
Further any activity that has high risk of physical harm, including:
Military and warfare, or applications, espionage, use for materials or activities that are subject to the International Traffic Arms Regulations (ITAR) maintained by the United States Department of State
Management or operation of nuclear facilities or critical infrastructure in energy, transportation, and water
Further any activity that has high risk of economic harm, including:
Automated determinations of eligibility for credit, employment, educational institutions, or public assistance services
Engage in political campaigning or lobbying, by:
Generating high volumes of campaign materials
Generating campaign materials personalized to or targeted at specific demographics
Building conversational or interactive systems such as chatbots that provide information about campaigns or engage in political advocacy or lobbying
Building products for political campaigning or lobbying purposes
Engage in any activity that has a high risk of violating people’s privacy, including:
Tracking or monitoring an individual without their consent
Facial recognition of private individuals
Classifying individuals based on protected characteristics
Using biometrics for identification or assessment
Unlawful collection or disclosure of personal identifiable information or educational, financial, or other protected records
If you use the AI Services to provide services to others in medical, financial, and legal industries; in news generation or news summarization; and where else warranted, including in any use of conversational AI (also known as “chatbots”), you must provide a disclaimer to users informing them that AI is being used and of its potential limitations.
GENERAL; DISPUTES; BINDING ARBITRATION AND CLASS ACTION WAIVER
DPA and Data Security Addendum. Notwithstanding anything to the contrary in the TOS, the DPA and the Data Security Addendum do not apply to you unless you are a company or other legal entity.
Updates. You acknowledge that Anyscale may make changes to the GenAI Supplement and the TOS (which updates shall apply to any use of the AI Services) (“Updated Terms”) and pricing from time to time and your continued use of the AI Services will constitute consent to such changes and such use shall be subject to the current published version of the TOS and this GenAI Supplement; if you do not agree to the Updated Terms, you must stop using the AI Services. Your use of the AI Services following an update posted to these terms shall constitute your agreement to the new version.
Termination. In addition to the termination rights set forth in the TOS, Anyscale may terminate this Generative AI Supplement and your right to use the AI Services for any reason by providing you at least 30 days’ prior written notice.
Informal Resolution. You agree with us that, if either of us has concerns, we must first work together to resolve any dispute informally without resorting to legal action. You agree to contact us at firstname.lastname@example.org in the event you have a dispute prior to bringing a formal claim against Anyscale. If the dispute is not resolved within 30 calendar days from the notice date, either of us may bring a claim subject to the procedures set forth below.
Applicability of Arbitration Agreement. If you use the AI Services on behalf of yourself, and not on behalf of an organization or business, you agree that all disputes between us will be resolved by binding arbitration as described in sub-paragraphs 6.f. – 6.l. below ("Arbitration Agreement"). If you use the AI Services on behalf of a company or legal entity, You and Anyscale agree to resolve any dispute, claim, or controversy that relates to or arises in connection with the AI Services pursuant to Section 10.5 of the TOS.
Arbitration Agreement. If you are located within the United States, you and Anyscale agree that any dispute, claim, or controversy between you and Anyscale arising in connection with or relating in any way to these Terms or to your relationship with Anyscale as a user of the AI Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by mandatory binding individual (not class) arbitration. You and Anyscale further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. The Arbitration Agreement will survive termination of the Terms. You and Anyscale agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of the Arbitration Agreement (despite the choice of law provision above).
Exceptions to Arbitration. Notwithstanding the prior clause, you and Anyscale both agree that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S. small claims court or (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. In addition, this Arbitration Agreement doesn’t stop you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
Prohibition of Class and Representative Actions and Non-Individualized Relief. You and Anyscale agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Anyscale agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator(s) may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other Anyscale customers.
Arbitration Procedures. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator(s) can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator(s) also must follow the terms of these Terms as a court would. The arbitration will be conducted by the American Arbitration Association (referred to as the "AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), unless you have accepted these Terms as a representative of a business entity, in which case AAA’s Commercial Arbitration Rules shall govern (as applicable), in each case as modified by this Arbitration Agreement. The AAA's rules and forms to commence arbitration are available at www.adr.org. A party who intends to seek arbitration must first send the other party, if to Anyscale, by certified mail, a completed Demand for Arbitration. You should send this notice to Anyscale at: Anyscale, Inc., Attn: Legal Department, Re: Demand for Arbitration, 55 Hawthorne St, Fl 9, San Francisco, CA 94105 USA (with a copy to email@example.com). Anyscale will send any notice to you to the address we have on file associated with your Anyscale account (which may solely be at your account email address); it is your responsibility to keep your address up to date. All information called for in the notice must be provided including a description of the nature and basis of the claims the party is asserting and the relief sought. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Anyscale may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Anyscale subject to the discretion of the arbitrator(s) to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Anyscale may attend by telephone, unless the arbitrator(s) require otherwise. Any settlement offer made by you or Anyscale shall not be disclosed to the arbitrator(s). The arbitrator(s) will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator(s) shall not be bound by rulings in prior arbitrations involving different Anyscale customers, but is/are bound by rulings in prior arbitrations involving the same Anyscale customer to the extent required by applicable law. The award of the arbitrator(s) shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules (either Consumer or Commercial, as applicable), unless otherwise stated in this Arbitration Agreement.
Severability. With the exception of any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section above, if a court decides that any part of this Arbitration Agreement is invalid or unenforceable, the other parts of this Arbitration Agreement shall still apply. If a court decides that any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section above is invalid or unenforceable because it would prevent the exercise of a non-waivable right to pursue public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in court; in such case you irrevocably consent to the personal jurisdiction of the state and federal courts in the Northern District of California and such dispute shall be governed by the laws of the state of California, without regard to choice or conflicts of law principles. All other disputes subject to arbitration under the terms of the Arbitration Agreement shall be arbitrated under its terms.
Amendments to Arbitration Agreement. Notwithstanding any provision in the Terms to the contrary, you and we agree that if we make any amendment to this Arbitration Agreement (other than an amendment to any notice address or website link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Anyscale prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by this Arbitration Agreement that have arisen or may arise between you and Anyscale. We will notify you of amendments to this Arbitration Agreement by posting the amended terms on https://anyscale.com/gen-ai-terms at least 30 days before the effective date of the amendments and by providing notice through email where possible. If you do not agree to these amended terms, you may close your account within the 30-day period and you will not be bound by the amended terms.
Last Modified September 18, 2023