Groq

"Output generated by code generation features of AI Model Services may be subject to third-party licenses, including open source licenses."

" 18.6 At Customer's discretion, the reseller may access the Customer's Account. As between Groq and Customer, Customer is solely responsible for (a) any access by the reseller to Customer's Account; and (b) outlining any additional rights or obligations as between the Customer and the reseller with respect to the Resold Services. Groq will not have any Liability arising out of the reseller's (i) Suspension or termination of Customer's access to the Cloud Services; (ii) access to and visibility of Customer's Account and Customer's Account's billing information; (iii) offering or provisioning of reseller or third party products or services; or (iv) additional rights or obligations to Customer."

" 4.3 AI Model Services Disclaimer . Customer acknowledges that AI Model Services may, in some scenarios, produce the same or similar generated Output for multiple customers. The AI Model Services may sometimes provide inaccurate or offensive content that does not represent Groq’s views. Customer and its Authorized Users agree to use discretion before relying on, publishing, or otherwise using Output provided by the AI Model Services. The AI Model Services should not be used for medical, legal, financial, or other professional advice. Output generated by code generation features of AI Model Services may be subject to third-party licenses, including open source licenses. For the avoidance of any doubt and to the extent permitted by applicable law, the AI Model Services are provided without any express or implied warranty regarding the quality or the accuracy of the AI Model Services (including Outputs). By using the AI Model Service, you acknowledge that the Outputs generated may be incomplete or inaccurate."

" If you elect to provide feedback or suggestions to Groq (“ Feedback ”), then Groq may use that Feedback without restriction and without obligation to you."

" 8.3 Feedback . Either party may provide feedback or suggestions to the other party (" Feedback "). Feedback may be used by the receiving party without any restriction, obligation, or compensation to the party who provided Feedback."

" 4.1 AI Model Terms . Customer and its Authorized Users will comply with the applicable AI Model Terms for each AI Model Service that is used under this Agreement. Customer and its Authorized Users are solely responsible for their use of the AI Model Services and for complying with the AI Model Terms. In the event of any conflict or inconsistency between the terms of this Agreement and the AI Model Terms, the AI Model Terms will control solely with respect to such use of an AI Model Service. Groq may share information, that does not include Customer Data, about your use of an AI Model Service that is a Third-Party Offering with the developer, publisher, or provider of that AI Model Service."

"Groq is not liable for Customer Data or content that violates applicable laws or infringes Intellectual Property Rights and reserves the right to remove or restrict access to such content upon lawful orders, without liability for resulting damages."

" 14.2 LIMITATION ON AMOUNT OF LIABILITY . EACH PARTY'S TOTAL AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF OR RELATING TO THE AGREEMENT IN CONNECTION WITH THE CLOUD SERVICES IS LIMITED TO THE FEES CUSTOMER PAID FOR SUCH CLOUD SERVICES DURING THE 12-MONTH PERIOD BEFORE THE EVENT GIVING RISE TO LIABILITY, EXCEPT GROQ'S TOTAL AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF OR RELATED TO BETA SERVICES AND ANY CLOUD SERVICES PROVIDED FREE OF CHARGE IS LIMITED TO $5,000."

" 14.1 LIMITATION ON INDIRECT LIABILITY . TO THE EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO SECTION 14.3 (UNLIMITED LIABILITIES), NEITHER PARTY WILL HAVE ANY LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT FOR ANY (A) INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES; OR (B) LOST REVENUES, PROFITS, SAVINGS, OR GOODWILL."

" 10.2 Required Disclosure . In the event that recipient or any of its Representatives is required to disclose Confidential Information to the extent necessary to comply with the requirements of law, legal process (including deposition, interrogatory, request for documents, subpoena, civil investigative demand, or similar process) or valid order of a court of competent jurisdiction, the recipient will (a) notify the disclosing party prior to making such disclosure in order to permit disclosing party to seek confidential treatment of such Confidential Information; and (b) in any event disclose only that portion of disclosing party's Confidential Information that is legally required to be disclosed."

"All claims arising out of or relating to these Terms will be governed by the laws of the State of California, USA, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether California's conflicts of laws rules or any other jurisdiction). The state and federal courts located in the County of Santa Clara, California will have exclusive jurisdiction over such claims. You and Groq waive any objection to the venue in any such courts. If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this section may not apply to you only to the extent that local law conflicts with this section."

"To the extent Customer or its Authorized Users use the Cloud Services and AI Model Services as part of a Customer Application that is directed towards or is likely to be accessed by individuals under the age of majority in their state or territory, Customer will be solely responsible for ensuring that the Customer Application complies with all applicable laws and regulations related to (x) the use of the Customer Application by individuals under the age of majority in their state or territory, and (y) any collection of Personal Data from individuals under the age of majority in their state or territory."

" 3.5.b. To this Agreement. We may make updates to this Agreement and our pricing terms from time to time. Material updates to this Agreement will become effective 30 days after they are posted. Notwithstanding the preceding sentence, to the extent any updates apply to new functionality or are required to comply with applicable law, they will be effective immediately. If the updates include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means, which could include notification through the Cloud Services or via email. Your continued use of the Cloud Services following the effective date of any updates to this Agreement constitutes acceptance of those changes. If Customer does not agree to the updated Agreement, Customer may stop using the Cloud Services. To the extent that Customer stops using the Cloud Services as a result of a change to the Agreement and Groq determines in its reasonable discretion that the change will have a material adverse effect on Customer's rights or obligations under this Agreement, Customers that have prepaid for Cloud Services may terminate this Agreement and the applicable Order Form by written notice to Groq and Groq will refund all prepaid unused Fees as of the date of termination."

" 18.1 Groq will provide to Customer the Resold Services described in the Order Form to the extent that there is a valid and binding order for such Resold Services between Groq and the authorized reseller. Groq may Suspend Cloud Services to Customer without Liability if at any time Customer or the reseller fails to maintain a billing account linked to its Account or with the reseller."

" 11.2.c Any such termination exercised by a party under clauses (a) or (b) of this Section 11.2 (Termination for Breach) will occur automatically without the need for a judicial hearing or further order or notice."

" 18.3 If Groq's agreement with the reseller or Customer's agreement with the reseller is terminated or expires, then the Cloud Services will no longer be provided to Customer, unless Customer enters into an Order Form for the Cloud Services directly with, and pays the applicable Fees to, Groq in accordance with the terms of this Agreement."

" 3.8. Communication, Space & Technology Commission’s Requirements . Groq is not liable for Customer Data or content that violates applicable laws or infringes Intellectual Property Rights and reserves the right to remove or restrict access to such content upon lawful orders, without liability for resulting damages."

" 5.5 Delinquent Payments; Suspension . Late payments (which do not include amounts subject to a good faith payment dispute submitted before the date on which a payment is due), may bear interest, where permissible, at the rate of 1.5% per month (or the highest rate permitted by law, if less) from the date on which such payment is due until paid in full. Customer will be responsible for all reasonable expenses (including attorneys' fees) incurred by Groq in collecting such delinquent amounts. Further, in the event of any late payment for the Cloud Services, Groq may Suspend provision of the Cloud Services until payment is received. Groq reserves any other rights of collection it may have."