AI Product Terms

"AI Products and Services" means the suite of artificial intelligence ("AI") products and services with artificial intelligence capability, offered by Vercel, including v0 (available at https://v0.app) and AI Gateway (available at https://vercel.com/ai), along with any associated features, documentation ("Documentation"), software applications, associated APIs, and websites.

"Authorized User" means any employee, contractor, or other personnel associated with Customer's organization (if applicable) who has been authorized to use the AI Products and Services in accordance with these Terms. "You" and "Customer" as used in these Terms also includes your "Authorized Users," if any.

"Customer Content" means Input(s) and Output(s).

"Input" means queries, prompts, data, attachments, or other information that you provide or make available to the AI Products and Services.

"Non-Vercel Services" means products, services, tools, or software functionality that interoperates with a Service, that is provided by you, other Vercel users, or any third party, including but not limited to, integrations or connectable accounts available through Marketplace, third-party AI providers available through AI Gateway, community templates, and content, products or software that are otherwise obtained or provided by a person or entity other than Vercel.

"Output" means the data, content, and other information (including source code, text, or images) that you receive from the AI Products and Services based on your Input.

"Stealth Model" means an AI model that has not yet been generally released to the public by the model provider and is made available by Vercel for test purposes only. Such models shall be labeled "stealth," "secret," "pre-release" or other similar designation.

You must be at least 16 years old (or if you are located outside of the United States, the minimum age required in your country to consent, that age) to use the AI Products and Services. If you are under 18, you must have your parent or legal guardian's permission to use the AI Products and Services.

Your use of the AI Products and Services will be associated with your Vercel account. You must maintain a valid and active Vercel account in good standing during the Term.

Your use of the AI Products and Services remains subject to the Terms and must comply with Vercel's Acceptable Use Policy. You are responsible for (a) each of your Authorized Users's compliance with the AI Product Terms, (b) Input, (c) any activities that occur under your account, and (d) use of Outputs.

You must not include any sensitive personal information (such as health information, financial account numbers or information, or government-issued identifiers) in your Input.

The AI Products and Services may generate Output for you to deploy, copy, share, publish, or download for your use. You understand and agree that Outputs (a) may not be bug-free, complete, or suitable for your purposes; (b) do not necessarily represent Vercel's or its third party AI providers' views, and (c) should not be relied upon for or as a substitute for professional advice. You agree to evaluate Output for correctness and appropriateness for your use case, including human review as legally required and/or as appropriate, before using or sharing Output from the AI Products and Services and acknowledge that factual assertions in Output should not be relied upon without independently checking their accuracy.

You must comply with all applicable laws and regulations, including any laws and regulations concerning the use or development of AI, generative AI, Input, and AI-generated content and Output in connection with your use of the AI Products and Services.

Vercel Rights. All rights, title and interest in and to the AI Products and Services and any improved, updated, modified or additional parts, will at all times remain the property of Vercel or its licensors. Nothing in these Terms gives you any right, title or interest in or to the AI Products and Services, except as expressly provided in these AI Product Terms. Vercel reserves all rights not expressly granted in these Terms.

Your Rights. As between you and Vercel, and to the extent permitted by applicable law, you own Customer Content and Vercel assigns to you Vercel's rights, if any, in the Output. You grant Vercel a license to use Customer Content as necessary to provide the AI Products and Services, publish and display Customer Content within the AI Products and Services, to provide support for and improve the AI Products and Services, enforce Vercel's or its licensors' policies, prevent fraud, comply with applicable law, and maintain the safety and security of the AI Products and Services. If you use the AI Products and Services under a Hobby or Pro plan, your Customer Content forms part of Your Content, as defined in Section 3 of the Terms of Service and is subject to the license granted to Vercel under Section 3. Subject to your plan level and account settings, Your Content may be used by Vercel and shared with third parties in accordance with Section 3 of the Terms of Service. Due to the nature of the AI Products and Services, the Output may not be unique, and the AI Products and Services may provide the same or similar Output to other users. Our assignment above does not extend to other users' Output or third party's rights. You will need to make your own determination regarding the intellectual property rights you have in Output and its commercial usability, taking into account, among other things, your usage scenarios and the laws of the relevant jurisdiction.

Input Rights. You are responsible for your Input, including ensuring that it does not violate any applicable laws or the AI Product Terms. You represent and warrant that you own, control, or have otherwise lawfully obtained all of the rights, permissions, or consents, including, if applicable, under an appropriate privacy policy, to grant all licenses to Input required for Vercel and its third party AI providers to provide the AI Products and Services to you and to use or share your Customer Content under Section 3 of the Terms of Service.

v0 offers you the ability to publish Customer Content. Customer Content that you post publicly, including Output, chats, community templates, or code, may be viewed and copied by others.

The API Terms apply to any use or access of APIs associated with v0.

If you purchase an Enterprise subscription, or another subscription plan that is entitled to opt out of training, to v0, the following terms apply regardless of any conflicting terms in these AI Product Terms:

1. Vercel represents and warrants that it will not use v0 Customer Content to train its or its third-party AI providers' models or to improve the AI Products and Services, except with your consent.

AI Gateway enables you to interact with your selected third-party AI providers. Any Customer Content provided to or received from such Non-Vercel Service is subject to the terms and conditions and privacy notices of the applicable third party. Your access to and use of Non-Vercel Services in AI Gateway must comply with the terms of any applicable third-party AI provider as disclosed or made available within the Services or the Notices and License Information ("NLI"), each of which are incorporated by reference.

Vercel may make Stealth Models available for use for a limited time. All Stealth Models are released as a Beta Feature according to these Terms. Use of Stealth Models is subject to the following additional terms regardless of any conflicting terms in these AI Product Terms:

1. You assume all risk for your use of and interactions with Stealth Models. The protections for Customer Content in the Terms do not apply to Stealth Models. Customer acknowledges that Stealth Models may not be used to process personal data. Third-party AI providers of Stealth Models may use your Inputs to train and improve their products and services and may have intellectual property rights in such Outputs that limit your rights.

You are solely responsible for any application that you offer that interacts with AI Gateway ("Application") and anyone who interacts with AI Gateway through your Application must comply with these AI Product Terms, including the applicable terms of any Non-Vercel Service. You represent and warrant that: (a) you have all necessary rights to distribute and make your Application available, including complying with and maintaining any required third-party agreements; (b) your Application does not and will not violate, misappropriate, or infringe upon the intellectual property rights of any third party; (c) your Application complies with all applicable local, state, national, and international laws and regulations, including all applicable privacy laws and regulations; (d) you will use commercially reasonable efforts to protect data processed by the Application ("Application Data") from unauthorized access or use; and (e) your Applications do not and will not introduce to AI Gateway any malicious software. You will (i) provide any users of your Application ("End User") a separate terms of use directly governing your End User's use of your Application and a separate privacy policy that accurately discloses how your Application collects, uses, discloses, retains, and otherwise processes personal information and data and complies with applicable laws and regulations, (ii) comply with all data subject requests from End Users pertaining to any Application Data, and (iii) disclose to End Users in advance that the Application uses AI. Vercel will not be responsible, nor have any liability whatsoever, under your terms of use or privacy policy.

If you purchase an Enterprise subscription to AI Gateway, the following terms apply regardless of any conflicting terms in these AI Product Terms:

1. Vercel represents and warrants that it shall not use AI Gateway Customer Content to train or improve the AI Products and Services.

Indemnity. In addition to your indemnification obligations in the Terms, you will defend, indemnify and hold harmless Vercel, its affiliates, and third party licensors from and against any claims, losses and expenses (including attorneys' fees) arising from or relating to your breach or alleged breach of the AI Product Terms, your use of and access to the AI Products and Services, including your use of the Output (including any related products or services that you may develop, offer, or otherwise make available using or otherwise in connection with the AI Products and Services), any violation of applicable law or any third-party right, and any actual or alleged fraud, intentional misconduct, gross negligence, or criminal acts committed by you or your employees or agents. For clarity, Vercel does not provide any indemnity to you for Customer Content, nor the AI Products and Services, notwithstanding anything in the Terms.

Limitation of Liability. NOTWITHSTANDING ANY OF THE TERMS, EXCEPT FOR YOUR BREACH OF SECTIONS 2, 4, 5, 8, AND 10 OR YOUR BREACH OF ANY REPRESENTATIONS OR WARRANTIES OR YOUR INDEMNITY OBLIGATIONS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY NOR ITS LICENSORS, OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES WILL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THE AI PRODUCT TERMS OR ANY TERMS AND CONDITIONS RELATED TO THEM UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES; OR (C) FOR ANY DIRECT OR AGGREGATE DAMAGES, COSTS, LOSSES, OF LIABILITIES IN ANY AMOUNTS EXCEEDING THE GREATER OF ONE HUNDRED DOLLARS AND THE FEES PAID BY YOU TO VERCEL FOR THE AI PRODUCTS AND SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER THIS AGREEMENT. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations and/or disclaimers may not apply to you. IN THESE JURISDICTIONS, VERCEL'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Fees. You will pay all fees, charges, and taxes ("Fees") associated with your access or use of the AI Products and Services. Vercel may modify the Fees, features, payment terms, or availability of a Subscription Plan in its sole discretion. Any modification will take effect at the beginning of your next subsequent subscription period or purchase. If you do not agree to such changes, you must stop all access to and use of the AI Products and Services.

Credits and Subscription Plans. You may prepay for access or use of the AI Products and Services in advance ("Credits") or select a subscription that enables you to purchase Credits at agreed-upon periods ("Subscription Plan"). You may need to pay for additional usage after your prepaid Credits have been consumed. You acknowledge and agree that Credits may not be redeemable for other products or services offered by Vercel; are not legal tender or currency; are not redeemable, refundable, or exchangeable for any sum of money or monetary value; may not be transferred, gifted, sold, or traded; have no equivalent value in and do not act as a substitute for fiat currency; and do not confer upon you any personal property right. Credits expire one (1) year from the date issued and do not roll over subsequent periods. If your access to or use of the AI Products and Services is suspended or terminated, Vercel reserves the right to suspend or terminate your Credit balance, subject to applicable law.

Payment Terms. All payments for the AI Products and Services are final, non-refundable, and non-transferable, unless expressly authorized by Vercel in writing, in Vercel's sole discretion. Unless otherwise expressly stated by Vercel, unused capacity does not roll over to subsequent subscription terms. You must provide Vercel with a current, valid payment method that you are authorized to use. You authorize Vercel to charge your provided payment method for the selected Subscription Plan when you first purchase or upgrade your Subscription Plan and subsequently on a recurring basis at the time intervals specified in the selected Subscription Plan. If you choose to automatically purchase additional Credits when your balance falls below a certain threshold, you authorize Vercel to charge your payment method for those amounts. You must promptly notify us of any changes to the provided payment method while your Subscription Plan remains in effect. If your credit card expires or changes numbers, if permitted by your credit card agreement with your credit card provider, our payment processors may receive updated card information and will charge your credit card using the updated information.

Payment Terms for Vercel Enterprise or Reseller Customers. The following additional terms apply to you if your access, license, or subscription to the Vercel platform is on an Enterprise plan or otherwise billed through a third party. To access certain AI Products and Services, you must provide a valid credit card as the payment method for Fees. You authorize Vercel to charge any such Fees to that credit card, including any Fees incurred by your Authorized Users on your behalf. Fees for the AI Products and Services are not eligible to be paid via pre-committed Managed Infrastructure Units (MIUs) or credited against other payments you make to Vercel.

Upgrades and Downgrades. You can choose to downgrade or upgrade your Subscription Plan at any time. If you upgrade your Subscription Plan, the upgraded Subscription Plan will take immediate effect and you will be charged in full for the upgraded Subscription Plan for the entirety of the new subscription period. Upon paying the Fees for the upgraded Subscription Plan, you will receive access to the features and functionality available for that Subscription Plan and may retain access to unused capacity associated with your previous Subscription Plan. If you downgrade your Subscription Plan, the change to a lower Subscription Plan will take effect upon the expiration of your then-current Subscription Plan. You can continue to utilize the features and functionality available for your then-current Subscription Plan until it expires.

Term. The AI Product Terms take effect on the Effective Date and continue until you cease using the AI Products and Services, unless terminated earlier in accordance with this Section.

Termination or Suspension. You may terminate your Subscription Plan by providing notice on the subscription and billing page in the AI Products and Services' interface. If you are unable to access the AI Products and Services, you may terminate your Subscription Plan by contacting Vercel Support. The termination of the Subscription Plan will take effect on the date that the Subscription Plan would otherwise have been renewed. Vercel may suspend your access to and use of the AI Products and Services, or terminate the whole or any part of the Terms if (a) you breach the Terms and fail to remedy the breach within 30 days of being required to do so by notice from Vercel, (b) you conduct any fraudulent or illegal activity, (c) necessary to prevent a security risk or other risk of harm or liability to Vercel, the AI Products and Services, or any third party, or (d) required by law. If Vercel exercises the foregoing right, you will not be entitled to any refund. Vercel may also suspend your access to the AI Products and Services or terminate these AI Product Terms, without notice to you at any time for any other reason, in which case Vercel will refund to you, on a pro rata basis, any unused pre-paid Fees.

Effect of Termination. Sections 5, 6, 9, 11, 15, and any other provision that by its nature is intended to survive, will survive termination of these AI Product Terms. On termination of these AI Product Terms, you and each of your Authorized Users must cease using the AI Products and Services and Vercel may destroy Customer Content, subject to applicable law. Without limiting the foregoing, you may continue to use Output following termination as contemplated by these AI Product Terms.

Changes to these AI Product Terms. Vercel may update these AI Product Terms at its discretion, including to reflect changes to the AI Products and Services, for security or legal reasons, or to promote safety or prevent abuse. If you continue to access the AI Products and Services after we post the updated AI Product Terms on Vercel's website or otherwise give you notice of such changes, then you agree to the updated AI Product Terms. If you do not agree to the updated AI Product Terms, you must stop using the AI Products and Services.

Severability. If a particular provision of the AI Product Terms is not valid or enforceable, this will have no effect on any other provision of the AI Product Terms or the Terms.

Entire Agreement. The AI Product Terms, and any other terms expressly incorporated by reference, form the entire agreement between you and Vercel regarding the subject matter of the AI Product Terms.