Terms of Use of Nebius AI Platform
1. General Provisions
1.1. Nebius B.V. (hereinafter referred to as the "Nebius") provides an Internet user (hereinafter referred to as the "User") with opportunity to use of Nebius AI Platform and its services and features (hereinafter referred to as the "Platform") available at: https://nebius.ai (hereinafter referred to as the "Site").
1.2. The use of the Platform is governed by these Terms of Use of Nebius AI Platform (hereinafter referred to as the "Terms") and the following documents:
- Nebius Acceptable Use Policy: https://nebius.ai/docs/legal/aup
- Nebius Service Terms: https://nebius.ai/docs/legal/service-terms
- Nebius Privacy Policy: https://nebius.ai/docs/legal/privacy
1.3. Further technical and organizational terms of how user of the Platform (hereinafter referred to as the "User") may access and use the Platform are determined in documentation posted on Site and/or in management console.
1.4. Nebius may amend these Terms and the above documents without any special notice and the said documents become effective once posted online at the URLs specified in this clause and Clause 1.2 of these Terms, unless expressly specified otherwise. The current Terms are always available at: https://nebius.ai/docs/legal/terms-of-use.
1.5. If Nebius makes any amendments to these Terms as specified in Clause 1.4, and the User disagrees with such amendments, the User shall cease using the Platform.
1.6. The User represents a natural person or a legal entity that duly entered into the separate agreement with Nebius on use of the Platform.
The use of the Platform by the User is governed by the terms of such agreement, except for the Platform use provisions which are not covered by the terms of the agreement.
2. Use of the Platform. Certain Functions of the Platform
2.1. The Platform enables the User to get access to information about the Platform and services of the Platform as well as to use functions of the Platform consisting of hardware and software located in Nebius infrastructure.
2.2. To use any functions of the Platform the User should log in to the User account on the Platform (hereinafter referred to as the "Account").
2.3. It is only possible to use the Platform with Internet access available. The User shall independently obtain and pay for such access under terms and as per tariffs of corresponding telecom or Internet provider.
2.4. The User shall be responsible for security of the chosen means of access to the Account and for the confidentiality of such means. The User shall be liable for any actions (and their consequences) involving the Platform provided through the Account, including the User's voluntary transfer of information required to access the Account to third parties under any terms and conditions (including any agreements). Any actions involving the Platform performed through the Account shall be deemed performed by the User.
2.5. The User shall promptly inform Nebius of any instances of non-User authorized access to the Platform through the Account and/or any actual or presumed breach of confidentiality of the chosen means of access to the Account. For security reasons, the User shall securely log out after completing each session by clicking the Log Out button.
2.6. User will (a) ensure that User's use of Platform shall be lawful and for bona fide purposes, and shall comply with the Terms as well as any separate agreements), (b) prevent and terminate any unauthorized use of, or access to the Platform, and (c) promptly notify Nebius of any unauthorized use of, or access to the Platform, Account, or User's password of which User becomes aware.
2.7. User responsibilities and obligations:
2.7.1. Accounts. Except due to Nebius breach of the Terms, User is responsible for all activities that occur under the Account, regardless of whether the activities are authorized by User or undertaken by User or a third party.
2.7.2. Customer data. User will ensure that any content that the User uploads on the Platform, including but not limited to: data, text, programs, databases, music, sounds, photos, graphics, videos, messages, and other materials (hereinafter referred to as the "Customer data") and the User's use of the Customer Data as well as use of the Platform will not violate any document under the Terms or any applicable law. User is responsible for its own development, operation, maintenance, and use of the Сustomer Data.
2.7.3. Security and Backup. User is responsible for properly configuring and using the Platform and otherwise taking appropriate action to secure, protect and backup the Account and the Customer Data from unauthorized access.
Service Data Use. User grants Nebius all necessary rights to utilize, at all times, data relating to User's access, use, testing, or evaluation of the Platform and services, including observations or information regarding the performance, features, and functionality of the Platform ("Service Data"). User is hereby notified and agrees that Nebius may collect and process Service Data on a statistical, aggregated and non-identifiable form, for the purposes of Platform's testing, development and improvement, controls, and operations. Solely for such purposes Nebius may process, retain, and reproduce the Service Data, and Nebius shall exclusively possess and own all rights, title and interest in the Service Data without limitation. User must secure and maintain all rights necessary for Nebius to process Service Data as described above without violating the rights of any third party.
2.8. Restrictions. When using the Platform User shall not:
- download, send, transmit or in any other way post and/or distribute any content that is illegal, harmful, libelous or unethical, that violates intellectual property rights, that promotes hatred and/or racial, ethnic, sexual, religious or social discrimination, or that is insulting to any persons and/or organizations;
- violate third party rights, including the rights of minors, and/or cause harm in any way;
- impersonate any other person or representative of an organization and/or community without being authorized to represent them;
- download, send, transmit or otherwise post and/or distribute content unless permitted by applicable law to do so;
- download, send, transmit or otherwise post and/or distribute unauthorized advertising material, spam (including spamdexing), or lists of other persons' e-mail addresses;
- download, send, transmit or otherwise post and/or distribute any materials containing viruses or other computer codes, files or programs that are designed to breach, destroy or limit the operation of any computer or telecommunication hardware or software, to obtain unauthorized access to commercial software (or obtain commercial software serial numbers), logins, passwords and other means of obtaining authorized access to fee-based online resources, and shall not post links to such information;
- put any sensitive information (finance information, personal data, secrets, etc) into technical fields and configurations, accessible for him to alter (e.g. resource labels and descriptions, URLs, etc). Nebius considers these objects only as technical and cannot take any additional responsibility for information which may be put into such objects;
- collect and store personal information of third parties without proper authorization;
- (i) copy, modify, or create a derivative work of the Platform and services; (ii) reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any or all of the source code of, the Platform and services; (ii) sell, resell, sublicense, transfer, or distribute any or all of the services and Platform; or (iv) access or use the Platform and services in violation of the Agreement, or in a manner that breaches applicable law.
2.9. Support services. If help request is made to Platform's support service, then in order for the request to be processed, User approves that the support service shall be granted access (i.e., for the support service to have such access after the request) to the Account, Customer Data, and to their logs and metrics.
3. Liability
3.1. Nebius may, at its own discretion limit or completely block User’s access to the Account and the Platform (or to certain features of the Platform, if technically feasible), if these Terms are violated, or take other measures in respect of the User to comply with legislative requirements, rights, and legitimate interests of Nebius and third parties.
3.2. If User does not comply with these Terms or with applicable laws, User may not use the Platform. User agrees to cooperate with Nebius to confirm compliance with all applicable laws and these Terms upon Nebius request. User will defend and indemnify Nebius for any and all damages, liabilities, penalties, fines, costs, and expenses (including reasonable attorney fee's) arising out of or in any way related to User's direct or indirect failure to meet the requirements of the Terms or comply with applicable laws.
4. Personal data
4.1. The User's personal information is processed under the terms of the Privacy Policy posted at: https://nebius.ai/docs/legal/privacy.
4.2. Nebius processes data which User indicated when signing up and logging in to Platform and the User’s personal information as this term defined in Privacy Policy (https://nebius.ai/docs/legal/privacy), including data gathered from technical sources (log-files, ip-addresses, etc.) by any means as data controller for the purposes of Nebius legitimate interests and to conclude, administer, execute and implement this Terms.
4.3. The User is hereby notified, understands and agrees that if the User is provided access to the Platform from a legal entity which concluded a separate agreement with Nebius, then the mentioned legal entity is able to access to the User's personal data provided by the User for the purposes of using the Platform.
Web address: https://nebius.ai/docs/legal/terms-of-use
Publication date: March 22, 2024