Generative AI Supplement

Generative AI Supplement

This Generative AI Supplement (“GenAI Supplement”) is a supplement to the Anyscale Terms of Service ("TOS") and governs your use of Anyscale-hosted Generative AI Models (defined below) provided via the Anyscale Platform, including via the public Anyscale Endpoints Service (collectively with Generative AI Models, the “AI Services”).  Terms used in this GenAI 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 GenAI 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; and

  • They are not designed to provide tailored expertise – e.g., they are not designed to provide legal, financial, or medical information or advice. 

  1. Description of Services.  The AI Services allow 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.

  2. Third Party Products. Any third party software, services, or other products you use in connection with the AI Services, 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.

  3. Deployment of Generative AI Models in Dedicated Compute. You acknowledge that you have a choice to use the Anyscale Platform to deploy Generative AI Models using dedicated (i.e., non-shared) compute resources (deployed either into your Customer Data Plane or the Anyscale Data Plane) rather than the Anyscale-hosted public Anyscale Endpoints service. If you choose to use the Anyscale-hosted public Anyscale Endpoints service, including within the Anyscale Platform, and notwithstanding your choice of Cloud Service Provider for your dedicated compute resources, 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:

    1. 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.

    2. 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”).

    3. You hereby warrant that your choice to use the Anyscale-hosted version of Anyscale Endpoints shall follow the completion of Hosting Due Diligence.

    4. 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.

  4. 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.

  5. AI Usage Policies. Your use of Generative AI Models is subject to the Acceptable Use Policy for Generative AI located at anyscale.com/aup-genai (“GenAI AUP”).

  6. IN ADDITION TO THE WARRANTY DISCLAIMERS SET FORTH IN SECTION 6 OF THE TOS, YOU ACKNOWLEDGE THAT WE DO NOT MAKE ANY WARRANTIES REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE AI SERVICES AND MODEL OUTPUT, INCLUDING ANY INFORMATION OR CONTENT THEREIN. YOUR USE OF AND RELIANCE ON THE AI SERVICES AND MODEL OUTPUTS IS AT YOUR OWN RISK, AND ANYSCALE IS NOT LIABLE FOR ANY LOSS OR DAMAGES ARISING FROM THE USE OF OR RELIANCE ON THE AI SERVICES OR MODEL OUTPUT.

  7. Modifications. You acknowledge that Anyscale may from time to time make changes to the GenAI Supplement and GenAI AUP (“Updated Terms”) and pricing from time to time. Your continued use of the AI Services will constitute your consent and agreement to such changes, and such use shall be subject to the current published version of the Updated Terms. If you do not agree to the Updated Terms, you must stop using the AI Services.

  8. Dispute Resolution. The TOS provision on “Informal Resolution; Arbitration” shall apply to any disputes between us and is incorporated by reference in this GenAI Supplement. The TOS are available at anyscale.com/terms.

Last Modified May 1, 2024