Effective Date: September 1, 2024

Welcome to AlpineX LLM Inference (the "Service"), an API-based platform provided by AlpineX Labs and its affiliates ("AlpineX," "we," "our," or "us").

PLEASE READ THE DISPUTE RESOLUTION PROVISION BELOW BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH AlpineX AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

AcceptanceCopied!

By accessing or using the Service, you agree to be bound by these Terms of Service (this "Agreement"). If you do not agree to all the terms and conditions of this Agreement, you must not access or use the Service.

EligibilityCopied!

Minimum Age Requirement

The Service is intended for users who are at least 18 years old. By using the Service, you represent and warrant that you are at least 18 years of age.

Authority

If you are accessing or using the Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to this Agreement. In such cases, the terms "you" and "your" refer to both you and the entity.

Compliance with Laws

You represent and warrant that you are not located in a country that is subject to U.S. government sanctions or designated as a "terrorist supporting" country, and that you are not listed on any U.S. government list of prohibited or restricted parties.

Modification of this Agreement

We reserve the right, at our sole discretion, to modify or replace this Agreement at any time upon notice. If we make material changes, we will notify you by updating the date at the top of this Agreement or through other reasonable means. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Service.

Service DescriptionCopied!

AlpineX LLM Inference provides an API that allows users to perform large language model (LLM) inference operations. The Service runs LLM inference on behalf of users, enabling them to integrate advanced language processing capabilities into their applications.

Intellectual Property RightsCopied!

Ownership of User Content

You retain all rights, title, and interest in and to any content, data, or information you submit, upload, transmit, or display while using the Service ("User Content"). AlpineX does not claim any ownership rights over your User Content.

Responsibility for User Content

You are solely responsible for your User Content and the consequences of using, publishing, or distributing it. You represent and warrant that:

• You have all necessary rights, licenses, consents, and permissions to use and submit the User Content.

• Your User Content does not infringe, violate, or misappropriate any third-party rights, including intellectual property rights and privacy rights.

License to AlpineX

By submitting User Content through the Service, you grant AlpineX a limited, non-exclusive, worldwide, royalty-free license to use, reproduce, process, and transmit your User Content solely for the purpose of providing and improving the Service.

ConfidentialityCopied!

You acknowledge and agree that AlpineX utilizes third-party GPU providers and other service providers to operate the Service. These third parties may have access to your User Content as necessary to perform their services. While AlpineX requires such third parties to maintain appropriate security and confidentiality measures, we cannot control their actions and therefore cannot guarantee the absolute confidentiality of your User Content when accessed by these providers.

AlpineX will not access or use your User Content except as necessary to provide the Service, comply with applicable law, or as otherwise permitted by this Agreement. We will maintain appropriate administrative, physical, and technical safeguards within our control to protect the security, confidentiality, and integrity of your User Content.

Disclaimer of Liability for User ContentCopied!

No Responsibility for User Content

AlpineX does not control, endorse, or assume any responsibility for any User Content or third-party content. We make no representations or warranties regarding the accuracy, quality, or legality of User Content.

Content Generated by the Service

You acknowledge that the Service may generate content based on your inputs ("Generated Content"). While we strive to ensure that the Service operates effectively, we do not guarantee the accuracy, completeness, or usefulness of any Generated Content. You are responsible for reviewing and verifying the Generated Content before using or distributing it.

Indemnification

You agree to defend, indemnify, and hold harmless AlpineX, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising out of or related to:

• Your use of the Service or Generated Content.

• Your User Content.

• Your violation of this Agreement or any applicable law.

• Your violation of any rights of another person or entity.

Risks and DisclaimersCopied!

No Professional Advice

The Service provides information and functionality for general informational purposes only. AlpineX does not provide legal, financial, or other professional advice. Any content accessed through the Service should not be considered a substitute for professional advice.

Technology Risks

You acknowledge and agree that:

• The Service relies on complex software and hardware systems, and their functionality may not be uninterrupted or error-free.

• There are inherent risks in transmitting information over the internet, and AlpineX is not responsible for any delays, delivery failures, or other damage resulting from such problems.

• Generated Content may contain inaccuracies or errors, and you are responsible for verifying the accuracy, legality, and appropriateness of any content generated by the Service.

Regulatory Compliance

You are solely responsible for ensuring that your use of the Service complies with all applicable laws and regulations, including data protection and privacy laws. AlpineX disclaims any responsibility for your compliance with such laws.

Privacy

Your privacy is important to us. Please review our Privacy Policy for information on how we collect, use, and disclose personal information.

Proprietary RightsCopied!

Ownership

All rights, title, and interest in and to the Service, including all intellectual property rights, are and will remain the exclusive property of AlpineX and its licensors.

License

Subject to your compliance with this Agreement, AlpineX grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service strictly in accordance with this Agreement.

Feedback

If you provide AlpineX with any suggestions, comments, or feedback regarding the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free, and transferable license to use, copy, modify, and publish such Feedback for any purpose.

Prohibited ActivitiesCopied!

You agree not to engage in any of the following prohibited activities:

Violating Laws and Rights

Using the Service for any illegal purpose or in violation of any local, state, national, or international law.

Violating or encouraging others to violate the rights of third parties, including intellectual property rights.

Disruptive Activities

Interfering with or disrupting the Service or servers or networks connected to the Service.

Introducing viruses, worms, or other malicious code into the Service.

Unauthorized Access

Attempting to gain unauthorized access to any portion of the Service or any other accounts, computer systems, or networks connected to the Service.

Bypassing any measures we may use to prevent or restrict access to the Service.

Data Misuse

Collecting or harvesting any personally identifiable information from the Service without express permission.

Misusing the API to infringe upon the privacy or data protection rights of individuals.

Reverse Engineering

Decompiling, reverse engineering, or otherwise attempting to obtain the source code or underlying ideas or information of or relating to the Service.

Misrepresentation

Using the Service to generate content that is unlawful, harmful, defamatory, obscene, or otherwise objectionable.

Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity.

Fees and PaymentsCopied!

Payment Obligations

Some features of the Service may require payment of fees. You agree to pay all applicable fees, as described on the Service in connection with such features.

Billing

We may use a third-party payment processor ("Payment Processor") to bill you through a payment account linked to your account on the Service. The processing of payments will be subject to the terms and policies of the Payment Processor in addition to this Agreement.

Changes to Fees

We reserve the right to change our prices at any time. We will provide notice of any price increase by posting the new prices on the Service and/or sending you an email notification.

No Fiduciary Duties or Professional Advice

This Agreement is not intended to, and does not, create or impose any fiduciary duties on AlpineX. We are not providing legal, financial, or other professional advice by allowing you to use the Service.

Disclaimer of WarrantiesCopied!

AS IS Basis

The Service is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied.

No Warranties

AlpineX does not warrant that:

• The Service will meet your specific requirements.

• The Service will be uninterrupted, timely, secure, or error-free.

• The results obtained from the use of the Service will be accurate, reliable, or legal.

• Any errors in the Service will be corrected.

Limitation of LiabilityCopied!

To the fullest extent permitted by law, in no event shall AlpineX be liable for:

Any indirect, incidental, special, consequential, or punitive damages.

Any loss of profits, data, use, goodwill, or other intangible losses resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content.

Maximum Liability

Our total liability for all claims arising out of or relating to the Service shall not exceed the amounts paid by you to AlpineX for the past six months of the Service in question.

No Warranty for Beta Services

From time to time, we may offer new features or tools which are in beta testing ("Beta Services"). Beta Services are provided "AS IS" and without any warranty of any kind and may be subject to additional terms.

Indemnification

You agree to defend, indemnify, and hold harmless AlpineX, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with:

• Your access to or use of the Service.

• Your User Content.

• Your violation of this Agreement.

• Your violation of any third-party rights, including intellectual property rights.

Governing Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in Delaware, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.

Dispute Resolution

Agreement to Attempt to Resolve Disputes Through Good Faith Negotiations

Prior to commencing any legal proceeding against AlpineX of any kind, including an arbitration, you agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement or the Service ("Dispute") by engaging in good faith negotiations with us.

Arbitration

If the Dispute cannot be resolved through good faith negotiations within 60 days, both parties agree to resolve the Dispute through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.

Class Action Waiver

You agree that any arbitration shall be conducted in your individual capacity only and not as a class action or other representative action.

Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including your breach of this Agreement.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Users Outside of the United States

The Service is controlled and operated from the United States and is not intended to subject us to non-U.S. jurisdiction or laws. We make no representations that the Service is appropriate or available for use in other locations.

Those who access or use the Service from other jurisdictions do so at their own risk and are responsible for compliance with local law.

Third-Party Links and Resources

The Service may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for:

• The availability or accuracy of such websites or resources.

• The content, products, or services on or available from such websites or resources.

• Links to such websites or resources do not imply any endorsement by AlpineX.

MiscellaneousCopied!

Entire Agreement

This Agreement constitutes the entire agreement between you and AlpineX regarding the Service and supersedes all prior agreements.

Severability

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Waiver

Our failure to enforce any right or provision of this Agreement will not be considered a waiver of those rights.

Assignment

You may not assign or transfer this Agreement without our prior written consent. We may assign or transfer this Agreement without restriction.

No Third-Party Beneficiaries

This Agreement does not and is not intended to confer any rights or remedies upon any person other than you and AlpineX.

Notice for California Users

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Service, please contact us at contact@alpinex.ai. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.

Contact Information

If you have any questions about this Agreement, please contact us at:

Email: contact@alpinex.ai

Address: 134 N 4th St, Brooklyn, NY 11249

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by this Agreement.