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Legal

Compute Infrastructure

These Compute Services Terms (“Compute Service Terms”) govern Client’s access to and use of Company Compute Infrastructure to provide the Client Models to End Users. Unless otherwise indicated, capitalized terms used but not defined herein have the meanings ascribed to them in the applicable agreements between Client and fal - Features & Labels, Inc. governing Client’s use of the Services (the “Agreement”).

  1. Definitions

    1. “Client Models” means Client’s artificial intelligence models identified in an applicable Order Form.

    2. “Company Compute Infrastructure” means the suite of Company Services comprising systems, compute infrastructure, networks, hardware, software, cloud resources, and other technology components that collectively enable the development, deployment, operation, and management of artificial intelligence-based solutions.

    3. “End Users” means customers of Client who use the Client Models.

  2. SERVICES

    1. Access to the Company Compute Infrastructure. During the Term, and subject to Client’s payment of Fees due, Client may access and use the Company Compute Infrastructure to provide the Client Models as set forth in an applicable Order Form.

    2. Client Models. Company will not copy, modify, or otherwise use any Client Models as provided by Client to Company under these Compute Services Terms except as is necessary for Company to provide the Services to Client. For clarity, Client Model’s are considered Client’s Confidential Information under the Agreement.

    3. End User Agreements. Client will enter into legally enforceable agreements with its End Users in connection with their use of the Client Models that contain terms that are as protective of the Services as set forth in the Agreement and these Compute Services Terms, including provisions substantially similar to those in Section 3 (Client Responsibilities and Content) of the Agreement. Client will be liable for any acts or omissions of End Users in respect of the Services that would be a breach of the Agreement or these Compute Services Terms if committed by Client. Client will use commercially reasonable efforts to enforce such agreements against End Users that violate any terms that may adversely impact the Services.

    4. Changes to Services. Company reserves the right to change or update its materials for accessing and using the Services. Such changes or updates may require Client to update the Client Models to continue functioning properly with the Services, and it is Client’s sole responsibility at its expense to make any such updates or changes to the Client Models to maintain interoperability.

  3. INDEMNITY

In addition to its obligations under Section 8 (Defense and Indemnity) of the Agreement, Client will defend, indemnify, and hold harmless Company from and against all Losses incurred in connection with any Claim arising from or related to: (a) the Client Models or End Users; and (b) Client’s or End Users use of the Company Compute Infrastructure.

  1. TERM AND TERMINATION

    1. Term. The term for these Compute Services Terms is set forth on the applicable Order Form.

    2. Effect of Termination. Upon any termination or expiration of these Compute Services Terms, Sections 1 (Definitions) and Section 3 (Indemnity) will survive.