Disclaimer

All Large Language Models (LLMs) herein called “Model Materials” are subject to their own unique distribution terms. Please review each license carefully. The Model Materials and any output and results therefrom are provided on an ‘as is’ basis, without warranties of any kind. You (the downloader) are solely responsible for determining the appropriateness of using or redistributing the Model Materials and assume any risks associated with your use of the Model Materials and any output and results.

Liability

Neither of us (or any of our affiliates, subsidiaries, contractors, licensors, officers, directors, agents, or employees (“Related Parties”)) will be liable for any indirect, incidental, consequential, punitive, special, or other similar damages, including loss of revenue, profits, data, benefits, or savings, whether or not due to the fault or negligence of the company or related parties, and regardless of whether either of us or our related parties have been advised of the possibility of such damages or losses.

Either Party’s (and each Related Party’s) aggregate liability to the other Party or any third party in any circumstance will not exceed the amount that you paid us during the 12-month period immediately preceding the last claim (or $50 if relating to a free service such as downloading the Model Materials). This limitation will not apply to (i) either party’s liability from fraud, gross negligence, recklessness, or willful or criminal misconduct, (ii) your liability for infringement of our intellectual property rights, (iii) your liability for breach of the confidentiality section, or (iv) amounts you owe us for the service made available as per your payment obligations.

Indemnity

You are solely and exclusively responsible for your use of the Services.

In this regard, you agree to indemnify, defend and hold harmless us and Related Parties from all claims, liability, and expenses, including attorney’s fees, arising out or in connection with your use of (or inability to use) the Services, including but not limited to your violation of these Terms, applicable law or regulation, any Content or data posted or used by you, or any other party’s use of any Service with your credentials, unless arising directly from Iternal’s fraud, gross negligence, recklessness, or willful or criminal misconduct, provided that we provide you with (i) a prompt written notice of the claim, demand, suit or proceeding, (ii) sole control of the defense and settlement of the claim, demand, suit or proceeding, and (iii) all reasonable assistance and cooperation in connection with the defense and settlement of the claim, at your or any other party’s own expense.

Disclaimer of Warranties

We provide Services that you may or may not decide to access, use or purchase. In this regard, we make no warranties or representations about these Services.

In other words, except as expressly provided otherwise herein, and to the fullest extent permitted by law, the Services and Content are provided “as is” and “as available”.

We disclaim all warranties or guarantees of any kind, express or implied, whether arising under any law or from any usage in trade, or otherwise, including but not limited to the implied warranties of merchantability, non-infringement, quiet enjoyment, fitness for a particular purpose, or otherwise.

We further disclaim all warranties or guarantees about the accuracy, reliability or benefits of any Services, artificial intelligence, Models, Model Materials, or any other technology or Content, or that the Services or Content will meet your requirements, be secure, uninterrupted or available at any time or location, or error-free, viruses-free, or that any errors will be corrected, or otherwise.

You will be solely responsible for any damage resulting from your use of or access to the Services, your downloading of Content or data, or use of any other material provided by or through the Services.