Last updated: August 7, 2024
Thank you for using Outpost and being part of our community!
We have drafted these Terms of Service to ensure your user experience is smooth, private, and secure. If you have any questions or concerns, please contact us at [email protected].
Please read these Terms carefully as they contain important information about our services and your use of them.
Whenever you use or purchase services from https://outpost.run and related sites (the "Website"), these Terms of Service, together with our Supplemental Terms, notices, and policies available at https://outpost.run, and/or any other binding document that we provide and/or that you sign (the “Terms” or the “Agreement”) will apply to you.
These Terms are a binding agreement between us, Outpost Innovations, Inc., a Delaware corporation ("Outpost", "Company", "us", "we"), and you, whether you are a user ("User", "You") or a customer ("Customer", "you"). Please review all our policies available on our Website, including our Privacy Policy.
By accessing, using, or purchasing the Services, you consent to all of these Terms and policies. If you do not agree with any of these, please do not use the Services.
We may update the Terms from time to time. Changes will be effective 10 days after posting on the Website. Continuing to use the Services after this period means you accept the changes.
We may also post and update supplemental terms for specific Services ("Supplemental Terms"), which will also apply to you.
Account: The account you or your entity creates on the Website to access, use, or purchase our Services. It must be secured by a strong password.
Agreement or Terms: All the terms and conditions that apply between us, including these Terms, Supplemental Terms, notices and policies available at https://outpost.run, and any other binding document provided by us and/or signed by you.
Content: Any material posted, displayed, or accessed on our Website or Hub, including code, data, text, graphics, images, applications, or software provided by you, us, or any third party.
Effective Date: The last date of signature of the Agreement or any other binding document.
Outpost: Outpost Innovations, Inc., which may perform its obligations through affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and/or employees.
Outpost Hub or Hub: The hosting platform where Users can build, benchmark, share, version, and deploy Repositories, which may include Models, Datasets, Code, and Machine Learning Applications.
Outpost Open-Source Libraries: The Outpost open-source software projects available at https://github.com/outposthq/.
Services: The containerized solution to deploy end-to-end optimized inference pipelines for state-of-the-art Machine Learning Models, Applications, and more.
Jobs: The self-terminating instances solution for training, fine-tuning, and data processing.
Machine Learning Application: A repository hosted on the Hub that allows a User to showcase Machine Learning experiments.
Model: A pre-trained machine learning model including algorithms and weights, which can be run to make predictions.
Order Form: The document shared by Outpost with the Customer describing the quantity of services ordered by the Customer and the fees payable for such services.
Organization: A workspace representing a legal entity and/or several Users. A User can be part of multiple organizations.
Premium Support: Qualified information or any other materials provided by Outpost via email or any other instant messaging or communication service to the Customer to address the Customer’s questions on the use and optimization of the Outpost Open-Source Libraries, Outpost or Customer Models.
Repository: A data structure that contains all of the project files and the entire revision history. A Repository may be public (accessible by anyone on the internet) or private (accessible only by you or members of your organization).
Products: The products and/or services we offer or provide, and that you access, use, or purchase. Services may include limited licenses or subscriptions to access or use certain offerings in accordance with these Terms, including use of Repository, Outpost Open-Source Libraries, Services, Jobs, Expert Acceleration Program, or other Content.
User: The individual person, company, or organization that accesses, receives, or uses the Services.
We provide various Services in the field of machine learning, including:
We may modify, suspend, or discontinue the Services at any time with or without notice. We are not liable for any modification, suspension, or discontinuance of the Services.
To create an Account for yourself or your Organization on our Website, you must be at least 13 years old or a duly registered legal entity. If creating an Account for your Organization, you represent that you have the authority to act on behalf of your Organization and bind it to these Terms.
When creating your Account, you must provide accurate and valid information, including your email address, password, username, full name, and optional information like an avatar, interests, or payment information if purchasing paid Services.
You are responsible for maintaining the confidentiality and security of your password. You must notify us immediately of any breach of security, loss or compromise of password, or unauthorized use of your Account.
You are responsible for the Content you post, publish, display, or otherwise make available on our Website and for any actions or omissions resulting from your use of the Services.
You represent and warrant that you have ownership, control, and responsibility for the Content you post or otherwise make available on our Website. Your Content must not be misleading, unlawful, or violate any of these Terms, applicable laws, or infringe any rights.
You own the Content you create. We will not sell your Content but may use it as permitted under these Terms and our Privacy Policy. By posting your Content, you grant us a worldwide, royalty-free, non-exclusive license to use, display, publish, reproduce, distribute, and make derivative works of such Content to provide Services.
If you set your Repository public, you grant each User a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, display, publish, reproduce, distribute, and make derivative works of your Content through our Services. If you set your Repository private, we will use reasonable measures to keep your Content confidential and protected.
Our plans and fees for using the Services are available at https://outpost.run/pricing. Custom plans may be discussed and agreed upon with us, specified in the applicable Services Agreement, Order Form, or any other binding document.
All fees are exclusive of applicable taxes, which you are responsible for paying. We reserve the right to adjust pricing at our discretion. Prices remain fixed during your initial subscription term, with adjusted fees applying to new subscriptions.
Payment is processed on the Website through a third-party payment processor. By providing payment information, you authorize us to invoice your account for all fees due. All fees are non-refundable and exclusive of applicable taxes.
You may cancel your Account at any time. We reserve the right to suspend or terminate your access to the Services at any time with or without cause or notice.
Upon cancellation, we will use commercially reasonable efforts to delete your information and Content within 90 days, except for Content contributed to other Users' Repositories or copies made by us or other Users.
We may retain your information for legal or regulatory compliance, standard archiving, recovery, and back-up processes, and as per our Privacy Policy.
All information shared between us during negotiations or under these Terms is confidential (“Confidential Information”). We agree to maintain the strict confidentiality of such information, refrain from disclosing it without authorization, and use it only for performing obligations or exercising rights under the Agreement.
These restrictions do not apply to information that is independently developed, lawfully received from another source, publicly available without breach, known at the time of disclosure, or required to be disclosed by law.
Each party may disclose Confidential Information to employees, agents, or subcontractors who need it to perform obligations or exercise rights under the Agreement.
We retain ownership of all intellectual property rights related to the Website and Services, including all improvements. You may not alter, reproduce, or republish our proprietary materials without written permission.
If you provide feedback regarding our Website, Services, or business, you grant us a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive right to exploit and commercialize the feedback.
Certain items provided with the Services may be subject to "open source" or "creative commons" licenses. The terms of these licenses are not overridden by these Terms.
We provide the Services in accordance with our Privacy Policy available at: https://outpost.run/privacy.
Neither party nor any related parties will be liable for indirect, incidental, consequential, punitive, special, or similar damages, including loss of revenue, profits, data, or savings.
The aggregate liability of either party in any circumstance will not exceed the amount paid during the 12-month period preceding the claim (or $50 if relating to a free service). This limitation does not apply to liabilities arising from fraud, gross negligence, intellectual property infringement, or breach of confidentiality.
You agree to indemnify, defend, and hold harmless us and related parties from all claims, liability, and expenses arising from your use of the Services, violation of these Terms, applicable laws, or any Content posted or used by you.
The Services and Content are provided "as is" and "as available". We disclaim all warranties, express or implied, including implied warranties of merchantability, non-infringement, and fitness for a particular purpose.
Governing Law and Dispute Resolution: These Terms are governed by the laws of the State of Delaware. Any disputes must be resolved through good faith negotiations or brought exclusively in the state or federal courts located in Delaware. Any claims must be brought within one year of the event giving rise to the claim.
Assignment: We may assign our rights and obligations under these Terms without your consent. You may not assign your rights and obligations without our prior written consent.
Subcontracting: We may subcontract our obligations at our discretion.
Changes in Law or Regulation: If changes in law or regulation materially affect our ability to provide the Services, we may suspend or cancel the Services.
Export Control and Sanctions: You may only access and use the Services in compliance with applicable export control and sanctions laws.
Headings: Headings are for reference only and have no legal effect.
Entire Agreement: These Terms, along with all policies and binding documents, constitute the entire agreement between us.
Order of Precedence: In case of conflict, the order of precedence is: (i) applicable Order Form; (ii) applicable Scope of Work; (iii) other binding documents; (iv) Supplemental Terms; (v) these Terms of Service; (vi) other incorporated documents or policies.
Severability: If any provision is held invalid, the remaining provisions remain in effect.
No Waiver: Failure to enforce any term is not a waiver of future enforcement.
Survival: Termination does not relieve obligations that arose before termination or need to survive to give full effect to their meaning.
Execution: Both parties represent and warrant the legal right and authority to enter into and perform the Agreement. Electronic signatures have the same effect as manual signatures.