If you are entering into these terms on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you are authorized to bind that entity to these terms, in which case “Customer,” “you,” or “your” will refer to that entity (otherwise, such terms refer to you as an individual). If you do not have authority to bind your entity or do not agree with any provision of these terms, you must not submit the form that linked to these preview terms (the “Private Preview Order”) and may not use the Private Preview Services. Additionally, If you are a monthly Pay-As-You-Go User of Anyscale Services (as defined in Terms (defined below), you acknowledge that Anyscale may make changes to the Terms and pricing from time to time and your continued use of the Anyscale Services will constitute consent to such changes and such use shall be subject to the current published version of these Terms at anyscale.com/terms; if you do not agree to the revised Terms, you must stop using the Anyscale Services. Your use of the Anyscale Service following an update posted to these Terms shall constitute your agreement to the new version.
Incorporated as Part of Terms. Your purchase of, and rights to use, the Private Preview Services are subject to the provisions of the Private Preview Order,as well as the Anyscale Terms and Conditions located at www.anyscale.com/terms and the Generative AI Supplement located at www.anyscale.com/gen-ai-terms (collectively, the “Terms”). The Terms, together with the Private Preview Order and any other outstanding order forms, including service orders by any name substantively equivalent to this Private Preview Order referencing the Terms and mutually executed thereunder by the parties, are collectively the “Agreement.” The Private Preview Order is incorporated by reference into the Terms. Any capitalized term used but not defined in the Private Preview Order shall have the meaning assigned to such term in the Terms. If any provision of the Private Preview Order conflicts with a provision of the Terms, the provision in the Private Preview Order prevails, but only to the extent it relates to the rights and obligations of the parties under the Private Preview Order. No term in any Customer purchase order or similar document will be deemed to modify the Agreement unless pre-authorized in writing by Anyscale.
Anyscale Credits (ACs). An Anyscale Credit (“AC”) is unit of data processing capability per hour on the Anyscale Platform Services used for measurement and pricing purposes. The Private Preview Services are partly provisioned via computing resources within Anyscale’s cloud compute environment. The data processing capability and the number of ACs consumed by usage of a given node is variable, and is determined by various processing metrics, which may include the workload type and the configuration of the node (e.g., its hardware). The current listing of offered node configurations and their AC equivalents is available at anyscale.com/instance-types (the actual nodes offered for the Private Preview Services may vary). For a given task, you will be able to select from the available node configurations using the Anyscale platform. Available node configurations will change over time, and it is possible that from time-to-time a particular node configuration may be discontinued.
Private Preview Commitment by You. In consideration of being provided with the Private Preview Services, you agree, if requested by Anyscale, to (a) implement and make reasonable use of the Private Preview Services for evaluation purposes during the Private Preview period, (b) reasonably participate in product update and feedback videoconference sessions during the Private Preview period, (c) assign a dedicated point of contact to work with Anyscale during the Private Preview Period to achieve the objectives set forth in this paragraph, (d) serve as a reference customer for the Private Preview Services, making appropriate personnel available on a reasonable basis to speak to prospective Anyscale customers and to industry analysts, (e) participate in marketing activities including provision of publishable reference quotes and blog posts, and (f) permit Anyscale to display your official corporate logo on Anyscale’ owned websites and marketing materials, or in conjunction with the use of any publishable reference quote, in a manner consistent with the display of other logos of Anyscale customers. With respect to feedback, as part of product update and/or feedback sessions, or when otherwise reasonably requested by Anyscale, you shall provide to Anyscale any suggestions, enhancement requests, or other feedback it has regarding the Private Preview Services, and hereby grants to Anyscale a perpetual, irrevocable, non-exclusive, worldwide, fully-paid, sub-licensable (through multiple layers), assignable license to incorporate into the Anyscale products and services or otherwise use any such feedback.
Private Preview Term. This Private Preview Order begin on the date the Private Preview Order Form is submitted by you and end on the earlier of (a) termination of this Private Preview Order at any time for any reason by either party; or (b) upon Anyscale making the Private Preview Services generally available. Upon termination for any reason, you shall, unless Anyscale agrees otherwise in writing, immediately discontinue all use of the Private Preview Services and promptly permanently delete all stored elements, if any, of the Private Preview Services from your systems. On request from Anyscale, you shall certify in writing to the foregoing.
Anyscale Development Council. Additionally, you agree, if requested by Anyscale, to (a) attend monthly Anyscale Development Council videoconference sessions, expected to comprise a time commitment of between two and four hours per month, during which it will provide Anyscale with additional candid feedback on its experience with the Private Preview Services, (b) if and when the Private Preview Services become generally available, provide a publishable reference quote, a video testimonial, an industry analyst reference, and a guest blog post, all reasonably usable by Anyscale for publicity purposes relating to such event, and (c) provide both an executive sponsor and a technical point of contact for day-to-day engagement during the Private Preview period (either of whom can also be the dedicated point of contact described in the prior paragraph). For the avoidance of doubt, the parties acknowledge and agree that all discussions during Anyscale Development Council meetings shall be maintained as strictly confidential.
Confidentiality. The Private Preview Services, including all information about them (in, shall be deemed Anyscale’ Confidential Information under the Terms. You are expressly prohibited from publicly discussing or disclosing to any third party, or disclosing internally other than to your personnel reasonably needing to be involved in the use of or evaluation of the Private Preview Services, any information regarding the Private Preview Services without the prior written consent of Anyscale, including but not limited to the availability or features of such Private Preview Services, and the content of any Anyscale organized discussions pertaining to the Private Preview Services.
No Support; No SLA; Disclaimer. You acknowledges that the Private Preview Services are not subject to any support services or service level agreement that you may have agreed with Anyscale. You should direct any support questions or issues regarding the Private Preview Services to your Anyscale account manager or other contact. THE PRIVATE PREVIEW SERVICES ARE MADE AVAILABLE “AS-IS.” YOU BEARS THE RISK OF USING IT. ANYSCALE AND ITS SUPPLIERS GIVE NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, ANYSCALE AND ITS SUPPLIERS EXCLUDE THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Anyscale may or may not in its sole discretion at any time (i) add, modify or deprecate any Private Preview Services functionality; (ii) discontinue the Private Preview Services in part or in full; or (iii) make the Private Preview Services publicly available, whether freely or for a fee.
Security Contact Information. You acknowledge the importance of providing Anyscale with current security principal contact information at all times to be sure of receiving data security information and alerts on a timely basis (to be provided initially in the Private Preview Order), with updates to be provided to Anyscale on an ongoing basis as changes occur).