Effective Date: [27 September, 2024]
This End User License Agreement ("EULA") is a binding contract between you ("Developer" or "you") and Metallic AI, a Colorado-based business ("Metallic AI"), collectively referred to as the "Parties," and individually as a "Party." This EULA governs the development, distribution, and use of AI Applications created using the Metallic AI Studio platform.
PLEASE READ THIS EULA CAREFULLY BEFORE DEVELOPING OR DISTRIBUTING ANY AI APPLICATIONS CREATED WITH METALLIC AI STUDIO. BY DEVELOPING OR DISTRIBUTING AI APPLICATIONS, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA AND OUR TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DEVELOP OR DISTRIBUTE AI APPLICATIONS USING METALLIC AI STUDIO.
1.1 "AI Application" refers to any application developed by the Developer using the Metallic AI Studio platform.
1.2 "Metallic AI Studio" refers to the software platform provided by Metallic AI for developing AI applications.
2.1 You retain ownership of all AI Applications and content you develop using Metallic AI Studio, subject to the rights granted to Metallic AI in the Terms of Service to use such content for service provisioning and improvement.
2.2 Metallic AI retains all intellectual property rights to Metallic AI Studio and associated services. This EULA does not grant you any rights to patents, copyrights, trade secrets, trade names, trademarks, or any other rights or licenses with respect to Metallic AI Studio.
You retain all ownership rights to any AI Applications you create using Metallic AI Studio, subject to any rights granted to Metallic AI in this EULA or the Terms of Service.
You are solely responsible for any AI Applications you create, including their content, functionality, and use. This includes ensuring that your AI Applications comply with all applicable laws, regulations, and third-party rights.
Metallic AI does not endorse, support, or guarantee any user-created AI Applications. The fact that an AI Application was created using our Software does not imply any association between Metallic AI and the AI Application or its creator beyond the use of our platform.
You may distribute or make your AI Applications available to third parties, subject to the following conditions:
You agree not to create or distribute AI Applications that:
Metallic AI reserves the right to remove any AI Application from our hosting services if we believe, in our sole discretion, that it violates this EULA, our Terms of Service, or any applicable laws or regulations.
You agree to indemnify and hold Metallic AI harmless from any claims, damages, or expenses arising from your AI Applications or their use by third parties.
4.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, METALLIC AI PROVIDES NO WARRANTIES OR GUARANTEES REGARDING AI APPLICATIONS DEVELOPED USING METALLIC AI STUDIO. ALL AI APPLICATIONS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND.
4.2 METALLIC AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR IN CONNECTION WITH AI APPLICATIONS DEVELOPED USING METALLIC AI STUDIO, WHETHER IN AN ACTION OF CONTRACT, TORT, OR OTHERWISE.
This EULA shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions. Any disputes arising under this EULA shall be resolved in the state or federal courts located in Colorado, and you consent to the jurisdiction of such courts.
If you integrate third-party services with your AI Applications, you are responsible for complying with any relevant third-party terms and ensuring that such integrations do not violate this EULA or any applicable laws.
You agree to develop and use AI Applications in accordance with Metallic AI's AI Usage and Ethics Policy, which is incorporated by reference into this EULA. The current version of this policy can be found at [URL to AI Usage and Ethics Policy].
Metallic AI may modify this EULA from time to time. The most current version will be posted on the Metallic AI website. By continuing to develop or distribute AI Applications after any modifications, you agree to be bound by the revised EULA.
This EULA, together with the Metallic AI Terms of Service, Privacy Policy, and AI Usage and Ethics Policy, constitutes the entire agreement between you and Metallic AI regarding AI Applications developed using Metallic AI Studio, superseding any prior agreements between you and Metallic AI relating to such AI Applications.
BY DEVELOPING OR DISTRIBUTING AI APPLICATIONS USING METALLIC AI STUDIO, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.