Terms & Conditions
ANYSCALE PLATFORM TERMS AND CONDITIONS
These Platform Terms and Conditions (the “Terms”) are entered into as of the Effective Date between Anyscale, Inc. (“Anyscale” or “we”) and Customer (as defined below) and state the terms and conditions by which Anyscale will deliver and Customer will receive any or all of the services provided by Anyscale (“Anyscale Services”), including but not limited to the Platform Services (as defined below), as set forth in an Order (as defined below) referencing these Terms (the Order together with these Terms, the “Agreement”). Anyscale and Customer may be referred to herein collectively as the “Parties” or individually as a “Party”.
If you are entering into the Agreement on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you are authorized to bind that entity to the Agreement, in which case “Customer,” “you,” or “your” will refer to that entity (otherwise, such terms refer to you as an individual). If you do not have authority to bind your entity or do not agree with any provision of these Terms, you must not enter into the Agreement and may not use the Anyscale Services. Additionally, if you are a monthly Pay-As-You-Go User of Anyscale Services, you acknowledge that Anyscale may make changes to the Terms and pricing from time to time. Your continued use of the Anyscale Services after such change will constitute consent to the changes and shall be subject to the current published version of these Terms at anyscale.com/terms. If you do not agree to the revised Terms, you must stop using the Anyscale Services.
1. OVERVIEW.
1.1 Definitions.
(a) “Acceptable Use Policy” means the acceptable use policy governing the Platform Services located at anyscale.com/aup.
(b) “Affiliate” of a Party means an entity that controls, is actually or in effect controlled by, or is under common control with such Party.
(c) “AI Services” means third-party artificial intelligence and/or machine learning services, including third-party coding agents.
(d) “Authorized User” means an individual whom Customer has authorized to access and/or use the Platform Services on Customer’s behalf.
(e) “Anyscale IP” means the Platform Services, the underlying software provided in conjunction with the Platform Services, algorithms, interfaces, technology, databases, tools, know-how, processes and methods used to provide or deliver the Platform Services, Documentation, all improvements, modifications or enhancements to, or derivative works of, the foregoing (regardless of inventorship or authorship), and all Intellectual Property Rights in and to any of the foregoing.
(f) “Beta Service” means any feature of the Platform Services that is clearly designated as “beta”, “experimental”, “preview” or similar, and that Anyscale at its sole discretion offers to Customer, and Customer at its sole discretion elects to use.
(g) “Customer Code” means any code (including machine learning models) or other machine instructions that Customer chooses to instruct the Platform Services to process on Customer’s behalf, including where applicable code from Third-Party Applications.
(h) “Customer Data” means any data or data files of any type made available to the Platform Services for processing by or on behalf of Customer.
(i) “Customer Property” means, collectively, Customer Code and Customer Data.
(j) “Data Protection Claims” means any claims arising from Anyscale’s breach of Section 5 (Confidential Information), Section 2.3 (Data Privacy), or Section 2.4 (Data Security), where such breach results in a Personal Data Breach, as defined in Section 1.8 of the DPA.