SambaNova Previews

Terms of Use

February 26, 2024

The following terms and conditions (“Terms of Use”) constitute an agreement between you, your employer, employees, agents, contractors and any other entity on whose behalf you accept these terms (“you” and “your”), and SambaNova Systems, Inc. (including our affiliates, “SambaNova,” “we,” “us,” and “our”).  These Terms of Use apply to our SambaNova Previews Demonstrations(“Demo(s)”).  By accessing or using the Demo, you represent that you have read and understood, and agree to be bound by these Terms of Use.  If you do not agree with the Terms of Use, you may not use the Demo.

1. Use of Demo.  This Demo is being provided for testing and evaluation purposes only in accordance with these Terms of Use, and may not be used for any other purpose.  The Demos are not intended to be used to process any personal, proprietary or sensitive data, and you agree not to use the Demos for such purposes. You agree to comply with these Terms and all applicable laws.  We and our affiliates own all rights, title and interest in and to the Demo.
2. Content.  In using a Demo, you may provide inputs into the Demo interface (“Prompts”) and receive outputs from the Demo (“Outputs”, and together with Prompts, “Content”).  You agree to be responsible for your Content and to ensure that your Content does not violate any third party rights, these Terms of Use or any applicable laws.  You further agree that we may use any Content for our business purposes, including, but not limited to, improving, developing, maintaining, monitoring or providing our services and products.
3. Third Party Materials.  The Demo may include software, content, data or other materials, including open source software or models, that are owned and/or licensed by third parties (“Third Party Materials”).  If you use such Third Party Materials, you agree to comply with and be bound by any licenses and terms applicable to such Third Party Materials.
4. Feedback.  We appreciate your feedback and comments, and if you provide any feedback, ideas, or suggestions to us, we may use such feedback, ideas and suggestions without restriction or obligation to you.
5. Use-based Restrictions.  You agree not to use the Demo:
   1. In any way that violates any applicable national, federal, state, local or international law or regulation;
   2. For the purpose of exploiting, harming or attempting to exploit or harm minors in any way;
   3. To generate or disseminate verifiably false information with the purpose of harming others;
   4. To generate or disseminate personal identifiable information that can be used to harm an individual;
   5. To generate or disseminate information or content, in any context (e.g. posts, articles, tweets, chatbots or other kinds of automated bots) without expressly and intelligibly disclaiming that the text is machine generated;
   6. To defame, disparage or otherwise harass others;
   7. To impersonate or attempt to impersonate others;
   8. For fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation;
   9. For any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics;
   10. To exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;
   11. For any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories;
   12. To provide medical advice and medical results interpretation; or
   13. To generate or disseminate information for the purpose to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g. by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily-targeted use).
6. WARRANTY DISCLAIMER.  THE DEMO IS FOR TESTING AND EVALUATION PURPOSES ONLY AND IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND.  WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, AVAILABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR SECURE, ERROR-FREE OR UNINTERRUPTED USE OF THE DEMO.  WE DO NOT WARRANT THAT ANY CONTENT THAT YOU PROVIDE WILL BE SECURE OR NOT LOST OR ALTERED.
7. LIMITATION OF LIABILITY.  IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, UNLESS REQUIRED BY APPLICABLE LAW (SUCH AS DELIBERATE AND GROSSLY NEGLIGENT ACTS) OR AGREED TO IN WRITING, SHALL SAMBANOVA BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING AS A RESULT OF THE DEMO OR OUT OF THE USE OR INABILITY TO USE THE DEMO (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Indemnity.  You will defend, indemnify and hold harmless SambaNova and our agents from and against any claims, losses, and expenses (including attorneys’ fees) arising from or related to your use of the Demo and your breach of the Terms of Use.
9. Amendments.  We may modify or amend these Terms of Use from time to time by publishing a revised version.  Your continued use of the Demo after any changes is subject to the most current version of these Terms of Use. You are responsible for reviewing and agreeing to the then current Terms of Use prior to each time you use the Demo.