Terms and conditions
Last modified: January 15, 2025
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Introduction
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Service Description
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Account Registration & Eligibility
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Subscription Plans & Payment Terms
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License & Usage Rights
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Intellectual Property Rights
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Disclaimer of Warranties
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Third-Party Models and Content
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Limitation of Liability
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Indemnification
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Term & Termination
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Data Privacy and Security
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Modifications of Service or Terms
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Governing Law & Dispute Resolution
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General Provisions
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Usage Limits & Monitoring
1. Introduction
These Terms and Conditions (“Terms”) govern your access to and use of the manufactAI Factory SDK (“Service”), a large language model (LLM) fine-tuning, evaluation, and deployment toolkit provided by manufactAI UG (haftungsbeschränkt) (“Provider,” “we,” “us,” or “our”). By accessing, registering for, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.
2. Service Description
2.1 manufactAI Factory is a software development kit (SDK) and software-as-a-service platform that enables users to fine-tune, evaluate, and deploy open source large language models through our proprietary interface and tools.
2.2 The Service includes access to our data view, fine-tuning methodologies, evaluation metrics, deployment functionalities and related documentation as specified in your subscription plan.
3. Account Registration and Eligibility
3.1 To access the Service, you must create an account by providing accurate, current, and complete information.
3.2 You must be at least 18 years of age or the age of legal majority in your jurisdiction to create an account and use the Service.
3.3 You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account.
3.4 For Academic Use tier verification, we reserve the right to request and verify institutional affiliation documentation.
4. Subscription Plans and Payment Terms
4.1 Subscription Tiers
The Service is offered in the following tiers:
- Academic Use: Free tier available exclusively for qualified academic and research-based usage, faculty, and students for non-commercial research purposes.
- Developer: 25€ per month, billed monthly through our payment gateway, for single users, to enable one continuous deployment on one GPU.
- Enterprise: Custom pricing and terms negotiated directly with the Provider, formalized in a separate agreement.
4.2 Payment Processing
4.2.1 For paid subscriptions, payment is processed via our secure online payment gateway. By subscribing, you authorize us to charge your selected payment method for all applicable subscription fees on a recurring basis.
4.2.2 All fees are depending on the county of origin of the credit card either inclusive or exclusive of applicable taxes, which will be charged and displayed as stated at checkout.
4.2.3 All online payments are non-refundable.
4.2.4 If a payment fails, we will attempt to process the payment again within one business day.. If payment continues to fail, we reserve the right to suspend or terminate your access to the Service.
4.3 Changes to Fees and Subscription Plans
4.3.1 We reserve the right to modify subscription fees or plan features with 30 days’ prior written notice. Such notice will be provided via email to the address associated with your account.
4.3.2 Continued use of the Service after the effective date of a fee change constitutes acceptance of the new fees.
5. License and Usage Rights
5.1 License Grant
Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service during your active subscription period for your internal business or academic purposes.
5.2 Usage Restrictions
You shall not:
- Reverse engineer, decompile, disassemble, or attempt to extract the source code of the Service
- Use the Service to develop a competing product or service
- Attempt to circumvent any usage limitations or security measures
- Use the Service for any illegal, harmful, fraudulent, or abusive purpose
- Share your account credentials or subscription access with third parties
- Resell, redistribute, or provide access to the Service to any third party without our express written permission
6. Intellectual Property Rights
6.1 Our Intellectual Property
6.1.1 The Service, including all software, algorithms, workflows, interfaces, documentation, and related content, is owned by the Provider and protected by intellectual property laws.
6.1.2 Nothing in these Terms transfers any ownership rights in the Service to you.
6.2 Your Data
6.2.1 You retain all rights, title, and interest in and to the data you input into the Service (“Customer Data”).
6.2.2 To provide our services, you grant us a non-exclusive, worldwide, royalty-free license to store, process, and use your Consumer Data solely for the purpose of operating and improving the Platform.
6.2.3 Your data is handled in accordance to the Privacy Policy ( https://manufactai.com/privacy-policy/ )
6.3 Model Outputs
6.3.1 You are responsible for ensuring that your use of model outputs complies with applicable laws, regulations, and third-party rights.
6.3.2 We make no claims to the intellectual property rights in outputs generated through your proper use of the Service, subject to our rights in the underlying Service components.
7. Disclaimer of Warranties
7.1 THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
7.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
7.3 WE SPECIFICALLY DISCLAIM ANY REPRESENTATION OR WARRANTY:
- THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS
- THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
- THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED
- THAT THE RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE, COMPLETE, RELIABLE, OR SUITABLE FOR ANY PURPOSE
- REGARDING THE ACCURACY, RELIABILITY, QUALITY, OR SUITABILITY OF ANY OUTPUT GENERATED BY THE MODELS ACCESSED THROUGH THE SERVICE
7.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
8. Third-Party Models and Content
8.1 Third-Party Model Compliance
8.1.1 We do not monitor, verify, or guarantee whether your use of third-party models (including those from HuggingFace or other LLM providers) complies with their respective terms of service, licenses, or usage restrictions.
8.1.2 You are solely responsible for:
- Reviewing and complying with all applicable third-party terms and licenses
- Obtaining any necessary permissions or licenses for your intended use
- Ensuring your fine-tuning activities comply with the original model’s usage restrictions
8.1.3 We expressly disclaim any liability for your violation of third-party terms or licenses.
8.2 No Endorsement
8.2.1 Our provision of access to third-party models does not constitute an endorsement, recommendation, or warranty regarding such models or their outputs.
8.2.2 We make no representations regarding the legality, accuracy, reliability, or performance of third-party models.
9. Limitation of Liability
9.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE.
9.2 IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE EXCEED THE AMOUNT PAID BY YOU TO US FOR THE SERVICE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
9.3 THE LIMITATIONS OF LIABILITY IN THIS SECTION SHALL APPLY TO ALL THEORIES OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
10. Indemnification
10.1 You agree to indemnify, defend, and hold harmless the Provider, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from or relating to:
- Your use of the Service
- Your violation of these Terms
- Your violation of any applicable law, rule, or regulation
- Your infringement of any third-party rights
- Any content or output generated through your use of the Service
10.2 We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
11. Term and Termination
11.1 Term
These Terms will commence on the date you first access or use the Service and will continue until terminated in accordance with these Terms.
11.2 Termination by You
11.2.1 You may terminate your subscription at any time by canceling through your account settings or by contacting us at [contact email].
11.2.2 Termination will be effective at the end of your current billing cycle, and no refunds will be provided for partial billing periods.
11.3 Termination by Us
11.3.1 We may, in our sole discretion, suspend or terminate your access to the Service immediately without notice if:
- You breach any provision of these Terms
- We are required to do so by law
- We determine that your use of the Service poses a security risk
- We decide to discontinue the Service or any tier of the Service
- Your account has been inactive for more than 90 consecutive days
11.3.2 If we terminate your account for breach of these Terms, you will not be entitled to any refund.
12. Data Privacy and Security
12.1 We collect and process personal data in accordance with our Privacy Policy [ https://manufactai.com/privacy-policy/ ], which is incorporated by reference into these Terms.
12.2 You acknowledge that no data transmission over the internet is completely secure. While we implement reasonable security measures to protect your data, we cannot guarantee the security of information transmitted to or from the Service.
12. Data Privacy and Security
11.1 Term
These Terms will commence on the date you first access or use the Service and will continue until terminated in accordance with these Terms.
11.2 Termination by You
11.2.1 You may terminate your subscription at any time by canceling through your account settings or by contacting us at [contact email].
11.2.2 Termination will be effective at the end of your current billing cycle, and no refunds will be provided for partial billing periods.
11.3 Termination by Us
11.3.1 We may, in our sole discretion, suspend or terminate your access to the Service immediately without notice if:
- You breach any provision of these Terms
- We are required to do so by law
- We determine that your use of the Service poses a security risk
- We decide to discontinue the Service or any tier of the Service
- Your account has been inactive for more than 90 consecutive days
11.3.2 If we terminate your account for breach of these Terms, you will not be entitled to any refund.
11.4 Effect of Termination
11.4.1 Upon termination:
- Your right to access and use the Service will cease immediately
- All licenses granted under these Terms will terminate
- We may delete your account data and Customer Data after 30 days from termination
11.4.2 Sections 6, 7, 9, 10, 14, and 15 shall survive termination of these Terms.
11.5 Right of Withdrawal for Consumers
11.5.1 If you are a consumer within the meaning of Section 13 BGB, your statutory right of withdrawal for contracts regarding digital content will expire prematurely if:
- You have expressly agreed that we begin executing the contract before the withdrawal period expires, and
- You have acknowledged that you are aware that your consent will result in the loss of your right of withdrawal once contract execution begins.
11.5.2 By registering and using the Service, you expressly consent to the immediate performance of the contract and acknowledge that your right of withdrawal expires at this point.
13. Modifications to the Service or Terms
13.1 We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time with or without notice.
13.2 We may modify these Terms at any time by posting the revised version on our website or by sending you notice via email.
13.3 Material changes to these Terms will be effective 30 days after the date of notification. Your continued use of the Service after the effective date constitutes your acceptance of the modified Terms.
14. Governing Law and Dispute Resolution
14.1 These Terms shall be governed by and construed in accordance with the laws of the Bundesrepublik Deutschland (Germany), without giving effect to any principles of conflicts of law.
14.2 Any dispute arising out of or relating to these Terms or the Service shall be exclusively submitted to the competent courts of Cologne, Germany.
14.3 You agree to waive any right to participate in a class action lawsuit or class-wide arbitration.
15. General Provisions
15.1 Entire Agreement
These Terms, together with the Privacy Policy and any additional terms referenced herein, constitute the entire agreement between you and the Provider regarding the Service and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter.
15.2 Severability
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the provision shall be modified to the minimum extent necessary to make it valid and enforceable or, if not possible, severed, and the remaining provisions shall continue in full force and effect.
15.3 Assignment
15.3.1 You may not assign, transfer, or sublicense these Terms or any rights or obligations hereunder without our prior written consent.
15.3.2 We may assign these Terms, in whole or in part, at any time with or without notice to you.
15.4 No Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. Any waiver must be in writing and signed by the waiving party.
15.5 Force Majeure
Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, riots, civil unrest, government actions, labor disputes, or internet service provider failures.
15.6 Notices
15.6.1 Notices to you may be sent via email to the address associated with your account or posted on our website.
15.6.2 Notices to us must be sent in writing to: manufactAI UG (haftungsbeschränkt), Bonner Strasse 6, 50677, Cologne, legal@manufactai.com
15.7 Export Compliance
You agree to comply with all applicable export and re-export control laws and regulations in your use of the Service.
16. Usage Limits and Monitoring
16.1 We reserve the right to establish or modify usage limits on the Service at any time.
16.2 We may monitor your usage of the Service to ensure compliance with these Terms and applicable limits.
16.3 We may throttle or temporarily suspend your access if your usage exceeds reasonable limits or imposes an unreasonable burden on our infrastructure.
