Effective Date: June 1, 2024
Last Updated: January 15th, 2025

These Terms of Service ("Terms") constitute a legally binding agreement between M87 Labs, Inc. ("M87 Labs," "we," "us," or "our") and any person or entity ("you" or "your") who accesses or uses our website (moondream.ai), API services, artificial intelligence models, and related services (collectively, the "Service").

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICE.

Throughout these Terms, we use certain defined terms:

"Service" means all M87 Labs offerings, including but not limited to:
a) The moondream.ai website and associated domains
b) API services and endpoints
c) Artificial intelligence and machine learning models
d) Documentation, tools, and resources
e) Any related services or features we provide

"Content" means any data, information, or material submitted to or generated through the Service.

"API" means the application programming interfaces provided by M87 Labs.

"Model" means any artificial intelligence or machine learning model made available through the Service.

"Output" means any result, prediction, or generation produced by the Models.

M87 Labs provides artificial intelligence and machine learning services, including but not limited to:
a) Access to artificial intelligence models
b) API integration capabilities
c) Processing and analysis features
d) Related technical services

The Service is provided on an "as is" and "as available" basis. We may modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

We do not guarantee any specific level of availability, performance, or functionality. The Service may be subject to limitations, delays, and other problems inherent in the use of internet and electronic communications.

To access certain features of the Service, you must create an account. You agree to:
a) Provide accurate and complete information
b) Maintain and update your information
c) Keep your account credentials secure
d) Not share your account credentials
e) Notify us immediately of any unauthorized access

You are responsible for:
a) Maintaining the confidentiality of your account
b) All activities that occur under your account
c) Configuring your security settings
d) Implementing appropriate security measures

You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall:
a) Comply with all applicable laws and regulations
b) Respect intellectual property rights
c) Maintain appropriate security measures
d) Use the Service as intended and documented
e) Follow any guidelines or documentation we provide

You shall not:
a) Use the Service for any unlawful purpose
b) Attempt to gain unauthorized access to the Service
c) Interfere with or disrupt the Service
d) Circumvent any limitations or restrictions
e) Reverse engineer the Service or Models
f) Use the Service to harm others
g) Submit Content that violates others' rights
h) Use the Service in any way that could damage or impair it

You are solely responsible for all Content you submit to the Service. Content must not:
a) Violate any laws or regulations
b) Infringe any intellectual property rights
c) Contain malicious code or harmful components
d) Include unauthorized personal or sensitive information
e) Be false, misleading, or deceptive

API access is provided subject to these Terms and any additional API documentation. We may:
a) Modify the API at any time
b) Impose or modify usage limitations
c) Require authentication or API keys
d) Monitor API usage
e) Suspend or terminate API access

When using our API, you must:
a) Follow our API documentation and guidelines
b) Implement appropriate error handling
c) Maintain reasonable security measures
d) Respect rate limits and quotas
e) Use current API versions
f) Update integrations as required

We reserve the right to:
a) Set and modify rate limits
b) Implement usage quotas
c) Prioritize API traffic
d) Deprecate API features
e) Require API version upgrades

The Moondream software is distributed under the Apache License, Version 2.0 (the "Apache License"). Under this license:

a) You may:

1) Use the software for any purpose

2) Modify the software

3) Distribute the software

4) Distribute modified versions

b) You must:

1) Include proper attribution to Moondream

2) Include a copy of the Apache License and notices in any distribution

3) State clearly any significant modifications you make

4) Preserve all copyright, patent, trademark, and attribution notices

c) The software is provided "as is," without warranties or conditions of any kind

For the complete license terms, refer to the Apache License, Version 2.0 at http://www.apache.org/licenses/LICENSE-2.0

While the Moondream software is available under the Apache License, our hosted Service and API are provided under different terms:

a) The Service and API are proprietary and operated by M87 Labs

b) Access to the Service and API is subject to these Terms

c) We retain all rights to the Service infrastructure

d) Service usage may be subject to additional terms or restrictions

With respect to Model Outputs:

a) You retain rights to Output generated for your use

b) We retain rights to the underlying Models and technology

c) Output usage must comply with all applicable laws

d) We make no claims regarding Output ownership

e) Output is provided "as is" without warranties

Currently available features of the Service are provided free of charge. We reserve the right to:
a) Introduce paid features or tiers
b) Modify service offerings
c) Change pricing at any time
d) Implement usage limitations

If paid features are introduced:
a) We will provide notice of pricing and terms
b) Payment will be required for access to paid features
c) You must provide valid payment information
d) You authorize us to charge applicable fees
e) Fees may be non-refundable

We may:
a) Modify pricing at any time
b) Introduce new paid features
c) Change service tiers
d) Implement different pricing models
With notice to affected users

Your use of the Service is subject to our Privacy Policy, which is incorporated by reference into these Terms. You acknowledge that:
a) We collect and process data as described in our Privacy Policy
b) You are responsible for obtaining necessary rights and permissions for submitted Content
c) We may process Content to provide and improve the Service
d) We implement reasonable security measures
e) We do not guarantee absolute security

By using the Service:
a) You grant us necessary rights to process your Content
b) You represent you have authority to grant such rights
c) You retain ownership of your Content
d) We retain rights to aggregated and anonymized data
e) We may use anonymized data to improve the Service

We will:
a) Implement reasonable security measures
b) Process data in accordance with applicable laws
c) Maintain appropriate technical safeguards
d) Notify you of material data incidents
e) Comply with data protection regulations

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO:
a) MERCHANTABILITY
b) FITNESS FOR A PARTICULAR PURPOSE
c) NON-INFRINGEMENT
d) ERROR-FREE OR UNINTERRUPTED OPERATION
e) ACCURACY OR RELIABILITY OF OUTPUTS

We specifically disclaim any warranties regarding:
a) Model Output accuracy or reliability
b) Fitness for specific purposes
c) Completeness or timeliness
d) Freedom from errors or defects
e) Achievement of intended results

We are not responsible for:
a) Third-party services or content
b) Integration with external services
c) Actions of third-party providers
d) External service availability
e) Third-party terms or policies

TO THE MAXIMUM EXTENT PERMITTED BY LAW, M87 LABS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE FOR:

a) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
b) LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
c) DAMAGES RELATING TO:

Use or inability to use the Service Model Outputs or their consequences

Service interruptions or failures

Unauthorized access or alterations

Any other matter relating to the Service

If, notwithstanding the above, we are found liable for any losses or damages, our total liability shall not exceed:
a) The amount you paid for the Service in the 12 months prior to the claim, or
b) One hundred dollars (USD $100) if no fees were paid

These limitations shall apply regardless of whether:
a) The damages are foreseeable
b) We have been advised of the possibility of damages
c) Any remedy fails of its essential purpose

You agree to indemnify, defend, and hold harmless M87 Labs and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

a) Your use of the Service
b) Your Content
c) Your violation of these Terms
d) Your violation of any rights of another
e) Your use of Model Outputs

In connection with your indemnification obligations:
a) We reserve the right to assume exclusive defense
b) You agree to cooperate with our defense
c) You shall not settle without our consent
d) We may participate in the defense at our expense
e) You shall reimburse our reasonable expenses

Your indemnification obligations shall survive:
a) Termination of these Terms
b) Your use of the Service
c) Account closure
d) Any modifications to these Terms
e) Any related claims or proceedings

These Terms remain in effect until terminated by either you or us.

You may terminate these Terms by:
a) Discontinuing use of the Service
b) Closing your account if applicable
c) Notifying us of termination

We may terminate or suspend your access to the Service:
a) For any violation of these Terms
b) At our sole discretion without notice
c) If required by law or regulation
d) For security or technical reasons
e) For extended periods of inactivity

Upon termination:
a) Your rights to use the Service cease immediately
b) You must stop using the Service
c) You remain liable for all outstanding obligations
d) Certain provisions of these Terms survive
e) We may delete your account and Content

We reserve the right to modify these Terms at any time. We will:
a) Post updated Terms on our website
b) Update the "Last Modified" date
c) Provide notice of material changes
d) Require acceptance of updated Terms if necessary

We may provide notice through:
a) Service notifications
b) Email communications
c) Website announcements
d) API documentation updates

Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles.

You agree that any legal action or proceeding relating to these Terms shall be instituted exclusively in the federal or state courts located in San Francisco County, California. You agree to submit to the jurisdiction of, and agree that venue is proper in, these courts.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Before filing any legal claims, you agree to:
a) Contact us about disputes
b) Attempt informal resolution
c) Provide notice of claims
d) Allow us 30 days to respond
e) Engage in good faith discussions

If informal resolution fails:
a) All disputes shall be resolved by binding arbitration
b) Arbitration shall be conducted in San Francisco, California
c) The arbitration shall be administered by JAMS
d) The arbitrator's decision shall be final
e) Either party may enforce the award in any court

You agree to resolve disputes on an individual basis. You waive any right to:
a) Participate in class actions
b) Serve as a class representative
c) Participate in collective arbitration
d) Join claims with others
e) Consolidate multiple claims

These Terms constitute the entire agreement between you and M87 Labs regarding the Service and supersede all prior agreements.

If any provision of these Terms is found unenforceable:
a) That provision shall be limited or eliminated
b) Remaining provisions remain in full effect
c) Terms shall be construed to achieve original intent
d) Invalid provisions shall not affect other terms
e) Terms shall be interpreted to maximum enforceability

Our failure to enforce any right or provision does not constitute a waiver of such right or provision.

You may not assign your rights under these Terms without our prior written consent. We may assign our rights without restriction.

We shall not be liable for any failure or delay due to circumstances beyond our reasonable control.

For general inquiries:
Email: contact@m87.ai

For legal notices:
Email: contact@m87.ai

For technical support:
Email: contact@m87.ai

M87 Labs, Inc.