Lunar AI Service Terms

Effective Date: January 10, 2024

These Service Terms govern your use of the Services. Capitalized terms not defined here will have the meanings in the Terms of Use, Business Terms, or other agreement you have with us governing your use of the Services (“Agreement”). If there is a conflict between the Service Terms and your Agreement, the Service Terms will control. For purposes of these Terms, “Content” includes “Customer Content.”

API

Lunar AI's indemnification obligations to API customers under the Agreement include any third party claim that Customer’s use or distribution of Output infringes a third party’s intellectual property right. This indemnity does not apply where: (i) Customer or Customer’s End Users knew or should have known the Output was infringing or likely to infringe, (ii) Customer or Customer’s End Users disabled, ignored, or did not use any relevant citation, filtering or safety features or restrictions provided by Lunar AI, (iii) Output was modified, transformed, or used in combination with products or services not provided by or on behalf of Lunar AI, (iv) Customer or its End Users did not have the right to use the Input or fine-tuning files to generate the allegedly infringing Output, (v) the claim alleges violation of trademark or related rights based on Customer’s or its End Users’ use of Output in trade or commerce, and (vi) the allegedly infringing Output is from content from a Third Party Offering.

BETA Services

This section governs your use of services or features that Lunar AI offers on an alpha, preview, early access, or beta basis (“Beta Services”). Beta Services are offered “as-is” to allow testing and evaluation and are excluded from any indemnification obligations Lunar AI may have to you.

Lunar AI makes no representations or warranties for Beta Services, including any warranty that Beta Services will be generally available, uninterrupted or error-free, or that Content will be secure or not lost or damaged. Except to the extent prohibited by law, Lunar AI expressly disclaims all warranties for Beta Services, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, and any warranties arising out of any course of dealing or usage of trade.

Lunar AI Enterprise and Team

Administrators. ChatGPT Enterprise and Team accounts are managed by End Users with administrative privileges (“Administrators”). Administrators may be able to add, remove and suspend End Users’ access to the organization’s workspace. In addition, ChatGPT Enterprise Administrators may be able to (a) access, share and remove Content; and (b) access logging and information about End Users’ use of ChatGPT Enterprise. Customers are responsible for obtaining and maintaining all necessary consents from End Users to take the actions above and to allow Lunar AI to deliver the Services.

Output indemnity. Lunar AI’s indemnification obligations to ChatGPT Enterprise customers under the Agreement include claims that Customer’s use or distribution of Output infringes a third party’s intellectual property right. This indemnity does not apply where: (i) Customer or Customer’s End Users knew or should have known the Output was infringing or likely to infringe, (ii) Customer or Customer’s End Users disabled, ignored, or did not use any relevant citation, filtering or safety features or restrictions provided by Lunar AI, (iii) Output was modified, transformed, or used in combination with products or services not provided by or on behalf of Lunar AI, (iv) Customer or its End Users did not have the right to use the Input or fine-tuning files to generate the allegedly infringing Output, (v) the claim alleges violation of trademark or related rights based on Customer’s or its End Users’ use of Output in trade or commerce, and (vi) the allegedly infringing Output is from content from a Third Party Offering.

Codex and Code Generation

Output generated by code generation features of our Services, including Lunar AI Codex, may be subject to third party licenses, including, without limitation, open source licenses.

Image Capabilities

Lunar Images can accept images as part of Inputs to the Service (“Image Capabilities”).

Don’t misinform, misrepresent, or mislead others, including:

• Not for Medical Advice. Image Capabilities are not designed or intended to be used as a medical device or to perform any medical function and should not be used as a substitute for professional medical advice, diagnosis, or treatment, or judgment.
• Images with People. You may not use Image Capabilities to assist in identifying a person or to solicit or infer private or sensitive information about a person.