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TYSM AI LICENSE AGREEMENT
Last Updated: 20th Apr 2024
“Agreement” means the terms and conditions for use, reproduction, distribution and modification of the Materials set forth herein.
“Licensee” or “you” means you, or your employer or any other person or entity (if you are entering into this Agreement on such person or entity’s behalf), of the age required under applicable laws, rules or regulations to provide legal consent and that has legal authority to bind your employer or such other person or entity if you are entering in this Agreement on their behalf. “tysm AI” means the foundational large language models and software and algorithms, including machine-learning model code, trained model weights, inference-enabling code, training-enabling code, fine-tuning enabling code and other elements of the foregoing distributed by tysm.
“tysm” or “we” means tysm Ltd.
By clicking “I Accept” below or by using or distributing any portion or element of the Materials, you agree to be bound by this Agreement.
- License Rights and Redistribution.
a. Grant of Rights. You are granted a non-exclusive, worldwide, non-transferable and royalty-free limited license under tysm’s intellectual property or other rights owned by tysm embodied in the Materials to use, reproduce, distribute, copy, create derivative works of, and make modifications to the Materials.
b. Redistribution and Use.
i. If you distribute or make available the Materials (or any derivative works thereof), or a product or service that uses any of them, including another AI model, you shall (A) provide a copy of this Agreement with any such Materials; and (B) prominently display “Built with tysm AI” on a related website, user interface, blogpost, about page, or product documentation. If you use the Materials to create, train, fine tune, or otherwise improve an AI model, which is distributed or made available, you shall also include “tysm AI” at the beginning of any such AI model name.
ii. If you receive Materials, or any derivative works thereof, from a Licensee as part of an integrated end user product, then Section 2 of this Agreement will not apply to you.
iii. You must retain in all copies of the Materials that you distribute the following attribution notice within a “Notice” text file distributed as a part of such copies: “tysm AI is licensed under the tysm AI License Agreement, Copyright © tysm. All Rights Reserved.”
iv. Your use of the Materials must comply with applicable laws and regulations (including trade compliance laws and regulations) and adhere to the Acceptable Use Policy for the Materials (COMING SOON), which is hereby incorporated by reference into this Agreement.
v. You will not use the Materials or any output or results of the Materials to improve any other large language model (excluding tysm AI or derivative works thereof). - Additional Commercial Terms. If, on the tysm AI version release date, the monthly active users of the products or services made available by or for Licensee, or Licensee’s affiliates, is greater than 700 million monthly active users in the preceding calendar month, you must request a license from tysm, which tysm may grant to you in its sole discretion, and you are not authorized to exercise any of the rights under this Agreement unless or until tysm otherwise expressly grants you such rights.
- Disclaimer of Warranty. UNLESS REQUIRED BY APPLICABLE LAW, THE MATERIALS AND ANY OUTPUT AND RESULTS THEREFROM ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND TYSM DISCLAIMS ALL WARRANTIES OF ANY KIND, BOTH EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING OR REDISTRIBUTING THE MATERIALS AND ASSUME ANY RISKS ASSOCIATED WITH YOUR USE OF THE MATERIALS AND ANY OUTPUT AND RESULTS.
- Limitation of Liability. IN NO EVENT WILL TYSM OR ITS AFFILIATES BE LIABLE UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, PRODUCTS LIABILITY, OR OTHERWISE, ARISING OUT OF THIS AGREEMENT, FOR ANY LOST PROFITS OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF TYSM OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING.
- Intellectual Property.
a. No trademark licenses are granted under this Agreement, and in connection with the Materials, neither tysm nor Licensee may use any name or mark owned by or associated with the other or any of its affiliates, except as required for reasonable and customary use in describing and redistributing the Materials or as set forth in this Section 5(a). tysm hereby grants you a license to use “tysm AI” (the “Mark”) solely as required to comply with the last sentence of Section 1.b.i. You will comply with tysm’s brand guidelines (COMING SOON). All goodwill arising out of your use of the Mark will inure to the benefit of tysm.
b. Subject to tysm’s ownership of Materials and derivatives made by or for tysm, with respect to any derivative works and modifications of the Materials that are made by you, as between you and tysm, you are and will be the owner of such derivative works and modifications.
c. If you institute litigation or other proceedings against tysm or any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Materials or tysm AI outputs or results, or any portion of any of the foregoing, constitutes infringement of intellectual property or other rights owned or licensable by you, then any licenses granted to you under this Agreement shall terminate as of the date such litigation or claim is filed or instituted. You will indemnify and hold harmless tysm from and against any claim by any third party arising out of or related to your use or distribution of the Materials. - Term and Termination. The term of this Agreement will commence upon your acceptance of this Agreement or access to the Materials and will continue in full force and effect until terminated in accordance with the terms and conditions herein. tysm may terminate this Agreement if you are in breach of any term or condition of this Agreement. Upon termination of this Agreement, you shall delete and cease use of the Materials. Sections 3, 4 and 7 shall survive the termination of this Agreement.
- Governing Law and Jurisdiction. This Agreement will be governed and construed under the laws of England & Wales without regard to choice of law principles, and the UN Convention on Contracts for the International Sale of Goods does not apply to this Agreement. The courts of England & Wales shall have exclusive jurisdiction to hear, settle and/or determine any dispute, controversy or claim arising out of or in connection with this agreement.
Prohibited Uses
We want everyone to use tysm AI models safely and responsibly. You agree you will not use, or allow
others to use, tysm AI to:
- Violate the law or others’ rights, including to:
- Engage in, promote, generate, contribute to, encourage, plan, incite, or further illegal or unlawful activity or content, such as:
- Violence or terrorism
- Exploitation or harm to children, including the solicitation, creation, acquisition, or dissemination of child exploitative content or failure to report Child Sexual Abuse Material
- Human trafficking, exploitation, and sexual violence
- The illegal distribution of information or materials to minors, including obscene materials, or failure to employ legally required age-gating in connection with such information or materials.
- Sexual solicitation
- Any other criminal activity
- Engage in, promote, incite, or facilitate the harassment, abuse, threatening, or bullying of individuals or groups of individuals
- Engage in, promote, incite, or facilitate discrimination or other unlawful or harmful conduct in the provision of employment, employment benefits, credit, housing, other economic benefits, or other essential goods and services
- Engage in the unauthorized or unlicensed practice of any profession including, but not limited to, financial, legal, medical/health, or related professional practices
- Collect, process, disclose, generate, or infer health, demographic, or other sensitive personal or private information about individuals without rights and consents required by applicable laws
- Engage in or facilitate any action or generate any content that infringes, misappropriates, or otherwise violates any third-party rights, including the outputs or results of any products or services using the Materials
- Create, generate, or facilitate the creation of malicious code, malware, computer viruses or do anything else that could disable, overburden, interfere with or impair the proper working, integrity, operation or appearance of a website or computer system
- Engage in, promote, generate, contribute to, encourage, plan, incite, or further illegal or unlawful activity or content, such as:
- Engage in, promote, incite, facilitate, or assist in the planning or development of activities that present a risk of death or bodily harm to individuals, including use of tysm AI related to the following:
- Military, warfare, nuclear industries or applications, espionage, use for materials or activities that are subject to the International Traffic Arms Regulations (ITAR) maintained by the United States Department of State
- Guns and illegal weapons (including weapon development)
- Illegal drugs and regulated/controlled substances
- Operation of critical infrastructure, transportation technologies, or heavy machinery
- Self-harm or harm to others, including suicide, cutting, and eating disorders
- Any content intended to incite or promote violence, abuse, or any infliction of bodily harm to an individual
- Intentionally deceive or mislead others, including use of tysm AI related to the following:
- Generating, promoting, or furthering fraud or the creation or promotion of disinformation
- Generating, promoting, or furthering defamatory content, including the creation of defamatory statements, images, or other content
- Generating, promoting, or further distributing spam
- Impersonating another individual without consent, authorization, or legal right
- Representing that the use of tysm AI or outputs are human-generated
- Generating or facilitating false online engagement, including fake reviews and other means of fake online engagement
- Fail to appropriately disclose to end users any known dangers of your AI system
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