Terms and Conditions

GROQ Terms of Use

Effective as of June 15, 2022

1. General Information Regarding These Terms of Use

These terms of use and any other terms and conditions that may accompany the materials made through this website (collectively, the “Terms”) apply to all Groq.com webpages (collectively, the “Websites”). The Terms also apply to all information and services provided by Groq through the Websites, including without limitation the documents, materials and services available on the Groq Customer Portal at support.groq.com (together with the Websites, the “Services”). Services offered to registered users are provided subject to these Terms, the Groq Privacy Policy (available on the Groq Website), and any Additional Terms specified on the relevant Website(s) or provided when Services are obtained, all of which are hereby incorporated by reference into these Terms. By accessing, visiting, or otherwise using the Websites, you agree to be bound by the Terms and have the legal authority to accept the terms on your behalf. If you are an individual who is entering into these Terms on behalf of an entity, you represent and warrant that you have the power to bind that entity, and you hereby agree on that entity’s behalf to be bound by these Terms, with the terms “you,” and “your” applying to you, that entity, and other users accessing the Services on behalf of that entity.

2. Use of the Site

Groq is committed to ensuring a secure experience for everyone that accesses or uses the Websites. In order to achieve this, there are basic rules you must follow. Groq follows the laws and you are required to do the same. You may use the Websites only for lawful purposes and in accordance with these Terms. Additionally, You agree not to:

• Use the Website or Services in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• Exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• Violate copyright, trademark, or other intellectual property laws.
• Distribute unwanted, unsolicited, or harassing mass email or other messages, promotions, advertising, or solicitations (“spam”).
• Attack, abuse, interfere with, intercept, disrupt, or exploit any users, systems, or services, regardless of how accomplished and notwithstanding anything to the contrary in these Terms, including but not limited to Denial of Service (DoS), monitoring, crawling, spamming, using bots or scripts, or distributing malware (such as viruses, Trojan horses, worms, spyware, or adware).
• Attempt to collect, store, or publish personally identifiable information (a) without the owner’s knowledge and consent or (b) of a minor under the age of thirteen (13) in any circumstance.
• Post or transmit content on or through the Websites or Services that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act.
• You may not impersonate another person or entity or use or attempt to use another’s account or personal information without authorization.
• Access or use any application, system, service, tool, data, account, network, or content without authorization or for unintended purposes.

3. Changes to the Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of any Website or Services following the posting of revised Terms means that you accept and agree to the changes.

4. Content Available through the Services

Groq attempts to provide accurate information on its Websites. However, we take no responsibility for the accuracy of the information, content or materials which you may have access to as part of, or through your use of the Websites or Services. All information, content and material are provided as-is. You agree that you are solely responsible for your reuse of information, content or materials made available through the Websites or Services, including providing proper attribution. You should review the terms of the applicable license prior to reuse. Licensing: Nothing in these Terms grants you any license right or other rights to the Website, Groq services, products or materials provided through the website.

5. Content Supplied by You

By using the Groq Customer Portal to upload your content, including source code, models, documentation, or data, but excluding any personal identifiable information (except your user credentials requested by Groq), (“your content”), you agree that Groq is licensed to modify your content for execution on Groq hardware products. Groq retains ownership rights of such modifications but grants you a perpetual license to use the modified portions with your content.  Unless otherwise agreed in writing, there is no charge for this modification service. Groq may include clear text information in the content that describes the modifications and, when necessary, a copyright notice.  Your uploaded content will be treated as Confidential or Proprietary Information by Groq. Licensing Your Content: You retain any copyright that you may have in your content. You agree that your content is licensed, and hereby grant to Groq a nonexclusive right and license during the term of his Agreement to access, copy, display, view, modify and otherwise use your content in connection with the provision, maintenance and support of the Services. All of your content must be appropriately marked with licensing (or other permission status) and attribution information. Removal: GROQ may, but is not obligated to, review your content and may delete or remove your Content (without notice) from any of the Websites or Services in its sole discretion. Removal of any of your content from the Websites or Services (by you or GROQ) does not impact any prior rights you granted in your content.

6. Registered Users

Registration: You must be 18 years of age or older to register for an account. You agree to (a) only provide accurate and current information about yourself, (b) maintain the security of your passwords and identification, (c) promptly update the email address listed in connection with your account to keep it accurate so that we can contact you, and (d) be fully responsible for all uses of your account. You must not set up an account on behalf of another individual or entity unless you are authorized to do so. Termination: GROQ reserves the right to modify or discontinue your account at any time for any reason or no reason at all.

7. GROQ Customer Portal

By submitting your request to access Groq public and proprietary content using the Groq Customer Portal, you acknowledge that you have read, understood, and, in the event you are provided access rights, agree to be bound by the terms of this agreement, your non-disclosure agreement and the policies referenced and incorporated therein.

8. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GROQ OFFERS THE SERVICES (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICES) AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WEBSITES OR SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. GROQ DOES NOT WARRANT THAT THE FUNCTIONS OF THE WEBSITES OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITES OR SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY GROQ ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GROQ DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH THE WEBSITES OR SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

9. LIMITATION OF LIABILITY

GROQ WILL NOT BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE WEBSITES OR SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF GROQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GROQ IS NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE WEBSITES OR SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE WEBSITES OR SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE WEBSITES OR SERVICES.

10. Indemnification

To the extent authorized by law, you agree to indemnify and hold harmless GROQ, its employees, officers, directors, affiliates, and agents (“Indemnified Parties”) from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of your breach of these Terms.

11. Privacy Policy

GROQ is committed to responsibly handling the information and data we collect through our Services in compliance with our Privacy Policy, which is incorporated by reference into these Terms. Please review the Privacy Policy so you are aware of how we collect and use your personal information.  You acknowledge and agree that Groq has the right to track and analyze anonymized statistics regarding your access to the Services for purposes of improving Groq products and services and such statistics will not be considered your content.

12. Termination

We may, in our sole discretion, (i) modify, suspend, or terminate your access to any or all of the Website, or (iii) cease to provide and maintain the Website, at any time, for any or no reason, with or without prior notice, and without liability. Your right to access and use the Websites and Services will be automatically terminated if you violate any of the Terms. The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions will survive any termination. The license grants applicable to Your Content are not impacted by the termination of the Terms and shall continue in effect subject to the terms of the applicable license. Your warranties and indemnification obligations will survive for one year after termination.

13. Miscellaneous Terms

You may not use or material in violation of US export laws and regulations. The Terms are governed by and construed by the laws of the State of California in the United States of America, not including its choice of law rules. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. If there is any dispute relating to the Website or these Terms, you agree to exclusive personal jurisdiction and venue in the state and federal courts of Santa Clara County, State of California, U.S.A If any provision of these Terms is found to be invalid or unenforceable, that provision will be struck and the remaining provisions will remain in full effect. If you or others violate these Terms and we take no immediate action, this in no way limits or waives our rights, such as our right to take action in the future or in similar situations.