Self-hosting Terms of Service Agreement
1. SERVICES AND SUPPORT
1.1 Open-Source Platform:
Lunary.ai provides open-source codebase access for AI developers to utilize and contribute to. This includes monitoring, management, and improvement tools for various AI pipelines. The open-source platform is available on GitHub as a public repository. Community resources and documentation are available to assist users with the open-source platform.
1.2 Paid Docker Image:
We offer a paid Docker image for simplified deployment and access to additional features not available in the open-source version. These features may include pre-configured settings, performance optimizations, and integrations with third-party services. Paid subscribers receive dedicated support via email and a ticketing system for troubleshooting and inquiries. Slack support is also available for paid subscribers on specific tiers as specified on the website.
1.3 Support Levels:
- Open-Source: Limited to community forums, documentation, and self-help resources.
- Paid Premium: Email support with priority response times and access to Slack support channels.
- Paid Enterprise: Dedicated account manager, priority support via email, phone, and Slack, and customized service level agreements (SLAs).
2. RESTRICTIONS AND RESPONSIBILITIES
2.1 Subscription Restrictions:
The paid Docker image license is valid only for use by the subscribing entity and for a single deployment setup. Reselling, sublicensing, or redistributing the Docker image or any associated materials is strictly prohibited. Subscribers are limited to one active deployment per subscription. Additional deployments require separate subscriptions.
2.2 Compliance:
You agree to use the services for lawful purposes and comply with all applicable laws and regulations, including data privacy laws, intellectual property rights, and export controls. You are solely responsible for any content or data you upload or process through the services.
2.3 Data Security:
While we implement reasonable security measures for the paid Docker image, we offer no guarantees for data security in the self-hosting option using the open-source platform.
You are responsible for implementing appropriate security measures and best practices to protect your data, including encryption, access control, and regular backups.
2.4 External APIs:
Certain opt-in features within the services, such as Evaluations, may utilize external APIs, namely from OpenAI and OpenRouter. You acknowledge and agree to their respective API terms of service when opting-in these features.
2.5 Illegal Activity:
Using the services for any illegal activity, including but not limited to hacking, malware distribution, or copyright infringement, is strictly prohibited.
3. CONFIDENTIALITY
3.1 Confidential Information:
You agree to keep confidential any non-public information disclosed by Lunary.ai, including but not limited to source code, documentation, API keys, and customer data.
This obligation does not apply to information that is already publicly known or independently developed by you without using confidential information from Lunary.ai.
3.2 Your Data:
We will not sell or share your data with third parties except as required by law, to provide the services, or with your prior consent.
We implement appropriate security measures to protect your data.
4. PAYMENT OF FEES
4.1 Subscription Fees:
You agree to pay all subscription fees promptly according to the chosen plan and billing cycle.
Invoices are due within 30 days of issuance.
We reserve the right to suspend or terminate your access to the services if payment is not received.
4.2 Payment Methods:
We accept various payment methods as specified on the website, including credit cards, and wire transfers.
5. TERMINATION
5.1 By You:
You may terminate your subscription at any time without providing written notice to Lunary.ai.
You will remain responsible for all fees incurred before the termination date.
5.2 By Lunary.ai:
We may terminate your subscription for violation of these terms, non-payment, or any other reason we deem necessary. We will provide you with written notice of termination, except in the case of immediate suspension due to security concerns or illegal activity.
6. INDEMNIFICATION
6.1 Indemnification by You:
You agree to indemnify and hold harmless Lunary.ai, its officers, directors, employees, agents, and affiliates from any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your use of the services.
7. WARRANTY AND DISCLAIMER
7.1 No Warranties:
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. LUNARY.AI DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND AVAILABILITY.
7.2 Limitations:
LUNARY.AI DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR MEET YOUR SPECIFIC REQUIREMENTS. LUNARY.AI IS NOT RESPONSIBLE FOR ANY DAMAGES ARISING FROM YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, EVEN IF LUNARY.AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LUNARY.AI'S LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES IS LIMITED TO THE AMOUNT OF FEES PAID BY YOU IN THE PAST 12 MONTHS.
9. MISCELLANEOUS
9.1 Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws provisions.
9.2 Entire Agreement:
This Agreement constitutes the entire agreement between you and Lunary.ai with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.
9.3 Severability:
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
9.4 Assignment:
You may not assign this Agreement without the prior written consent of Lunary.ai.
9.5 Notices:
All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified or registered mail, postage prepaid, return receipt requested, or sent by email to the addresses set forth herein.
10. Dispute Resolution
10.1 Informal Dispute Resolution:
We encourage you to contact us first if you have any disputes regarding your use of the services. We will attempt to resolve the dispute informally through good faith discussions.
10.2 Arbitration:
If we are unable to resolve the dispute informally, you and Lunary.ai agree to submit any claims arising out of or relating to these Terms or your use of the services to binding arbitration in accordance with the JAMS Streamlined Arbitration Rules & Procedures. The arbitration shall be conducted in English and will be held in San Francisco, California. The decision of the arbitrator shall be final and binding on both parties.
11. Force Majeure
Neither party shall be liable for any delay or failure to perform its obligations hereunder due to causes beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, labor strikes, earthquakes, floods, or other natural disasters.
12. Intellectual Property Rights
12.1 Open-Source Platform:
The open-source platform code is licensed under the Apache 2.0 License, which allows for modification and redistribution under certain conditions. You acknowledge and agree that Lunary.ai owns all intellectual property rights in the open-source platform code, except for third-party contributions licensed under other terms.
12.2 Paid Docker Image:
The paid Docker image and associated materials are protected by copyright, trademark, and other intellectual property laws. You are granted a non-exclusive, non-transferable license to use the paid Docker image for a single deployment setup as specified in your subscription.
12.3 User Content:
You retain ownership of all intellectual property rights in your content hosted or processed through the services. You grant Lunary.ai a non-exclusive, non-transferable license to use, reproduce, modify, and distribute your content as necessary to provide the services.
13. Export Controls
You agree to comply with all applicable export control laws and regulations. You will not use the services in violation of any such laws or regulations.
14. Changes to Terms
We may revise these Terms at any time by posting an updated version on our website. The revised Terms will be effective immediately upon posting. You agree to review the Terms regularly and be bound by the most recent version.