Terms of Use

Groq Terms of Use

Effective as of June 5, 2024

  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 are provided subject to these Terms, the Groq Privacy Policy (available on the Groq Websites), 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. 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.

  1. Use of the Groq.com 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.
  • Attempting to or circumventing the free tier limits of the Services, including any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure, or sending Groq traffic beyond rate limits.
  • Use the Services in any manner that impacts (i) the stability of the hardware running the Service, (ii) the operation or performance of the Service or other user’s experience or use of the Service, or (iii) the behavior of other applications that use the Service. 
  • Create or develop features that prevent or restrict use or copying of any content or that enforce limitations on use of the Service or any portion thereof. 
  • Buy, sell or transfer API keys without prior written consent. 
  • HIPAA. Unless otherwise specified in writing by Groq, Groq does not intend use of the Website to create obligations under the Health Insurance Portability and Accountability Act, as amended (“HIPAA”), and makes no representations that the Website satisfy HIPAA requirements or similarly privileged health information privacy requirements. If you are (or become) a “covered entity” or “business associate” as defined in HIPAA, you will not use the APIs for any purpose or in any manner involving transmitting protected health information to Groq unless you have received prior written consent to such use from Groq.
  1. Changes to the Terms

We may revise and update these Terms from time to time in our sole discretion. We will provide you at least 30 days advance notice for any material change to these Terms. All other 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. 

  1. 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.

  1. Generative AI. In addition to these Terms, use of and access to generative AI models made available through the Website (“Generative AI Services”) are also subject to terms and conditions specified by the owner of the generative AI models. You agree that your use of any of these models will comply with the additional terms and conditions as specified on the Model Card for the generative AI models identified at https://console.groq.com/docs/models

Notwithstanding the restriction on licensing set forth in section 4, Content Available through the Services, User Data shall be owned by you and is not retained or used by Groq other than to perform the Generative AI Services hereunder. User Data includes any and all content generated by the Generative AI Services in response to a Prompt (“Outputs”) as well as your Prompts and Training Data. “Prompts” are defined as any and all instructions, queries, visual or textual cues given by you to the Generative AI Services in order to generate an Output. “Training Data” is user supplied data for fine tuning or customization of models and may comprise a collection of textual, visual, and/or multimedia data that provides the model with the necessary context, knowledge, and inspiration to generate meaningful, coherent and responsive Outputs.

If you supply any Training Data for the purpose of prompting, fine-tuning or customizing the Generative AI Services to your specific needs or use-case, Groq will not use the Training Data other than to perform the Generative AI Services for you. Groq does not permanently retain Prompts, Output or your Training Data on its servers.

When you use the Generative AI Services, you provide Prompts to generate Outputs in return on a third party model. You are solely responsible for your use of the Prompts and the Outputs and for complying with the terms of use specified by the third party model owner. You shall only use Prompts to which you own all required rights under applicable law and do so in a manner that is consistent with the applicable law. You shall not intentionally make the Generative AI Services generate Outputs infringing intellectual property rights, third party rights or applicable law, or use such infringing Outputs after you become aware of such infringement.

You hereby represent that you own your Prompts. You retain all the rights, including but not limited to the intellectual property rights to Your Prompts. You grant Groq a worldwide, revocable, non-exclusive, non-sublicensable, non-transferable right to use the Prompts, together with your Training Data, for the purpose of performing the Generative AI Services, for the term of these Terms. 

Where applicable, Groq assigns to you, all the intellectual property rights Groq may have in the Outputs generated by your Prompts. This assignment is granted worldwide and for the entire legal term of protection of the Outputs by the intellectual property rights applicable as provided for by the applicable law. However, you are expressly prohibited to use the Outputs and/or any modified or derived version of the Outputs to (directly or indirectly) to reverse engineer any aspect of the Generative AI Services.

You agree that, due to the nature of Generative AI Services, if another user uses a Prompt similar to yours, the Generative AI Services may generate an Output similar or identical to yours. We do not warrant that your Output is not similar or identical to another user’s Output. Consequently, we will not indemnify you in case your Output is similar or identical to another user’s Output or Training Data.

You acknowledge and agree that Generative AI Services are inherently subject to certain unpredictabilities, as such Outputs depend on your Prompt and the technology behind the Generative AI Services which is complex and continuously evolving. 

FOR THE AVOIDANCE OF ANY DOUBT AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE GENERATIVE AI SERVICES ARE PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTY REGARDING THE QUALITY OR THE ACCURACY OF THE OUTPUTS. CONSEQUENTLY, YOU AGREE THAT THE OUTPUTS GENERATED BY GENERATIVE AI SERVICES MAY BE INCOMPLETE, NOT UP-TO-DATE OR NOT ENTIRELY ACCURATE. 

The Generative AI Services may sometimes provide inaccurate or offensive content that doesn’t represent Groq’s views. You agree to use discretion before relying on, publishing, or otherwise using Output provided by the Generative AI Services. If you provide any feedback pertaining to the accuracy, relevance, and effectiveness of the Outputs, you grant Groq a worldwide, non-revocable, non-exclusive, non-sublicensable, non-transferable right to use your Feedback for the purpose of improving the Generative AI Services. You are responsible for making commercially reasonable efforts to make sure the Generative AI Services do not generate Outputs that contain offensive, inappropriate or illicit content. To this end, Groq strongly recommends that you implement appropriate moderation mechanisms for the model(s), by way of example, including the use of a system prompt that instructs the model to generate responses that are safe, respectful, and appropriate as well as providing clear and accessible guidelines for users. You are responsible for continuously monitoring and evaluating the model’s performance to identify and address any issues or concerns arising from your use. Because, neither we nor the model owners warrant that the Output generated will not be offensive, inappropriate or illicit, you are solely responsible for the use of the Output and you shall in no way use the Output for any illicit or unlawful purpose and/or to harm others. Do not rely on the Generative AI Services for medical, legal, financial, or other professional advice. Any content regarding those topics is provided for informational purposes only and is not a substitute for advice from a qualified professional.

  1. Content Supplied by You Uploaded to the Groq Customer Portal or the Groq Playground

The Groq Customer Portal enables Groq to provide service and support to its customers. 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 (e.g. source code) for execution on Groq hardware products by combining your content with new Groq generated material. Groq retains all ownership rights of such new Groq generated material but grants you a perpetual,royalty-free license to use the new Groq generated material  with your content on Groq hardware products.  Unless otherwise agreed in writing, there is no charge for this modification service. Groq may include clear text information in the new Groq generated material that describes the modifications and, when necessary, a copyright notice.  Your uploaded content will be treated as Confidential or Proprietary Information by Groq. unless you specify in a writing that your content may be posted to the Groq Playground and that it may be used by Groq or others under an appropriate license (e.g., an open source license such as the Apache or MIT license).

 

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 your non-disclosure agreement and the policies referenced and incorporated therein.

Licensing Your Content for the Groq Playground: 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 to access, copy, display, view, modify and otherwise use your content in connection with the provision, maintenance and support of the Services on the Groq Playground. All of your content must be appropriately marked with licensing (or other permission status) and attribution information.

  1. 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.

  1. Groq Copyright Infringement Policy

Groq, Inc. (“Groq”) respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Groq’s Copyright Agent with the information specified below in the form of a “Notification of Alleged Infringement.” It is Groq’s policy to respond to clear Notifications of Alleged Infringement, and our policy is designed to make submitting Notifications of Alleged Infringement as straightforward as possible while reducing the number of Notifications that we receive that are fraudulent or difficult to understand or verify. If you are a Customer or Registered User (as defined in the Terms of Use at https://wow.groq.com/terms-and-conditions/) and concerned about the removal of or blocked access to your content, please provide Groq’s Copyright Agent with the written information specified below in the form of a “Counter-Notification.” The forms specified below are consistent with the forms suggested by the Digital Millennium Copyright Act (the text of which can be found at the Copyright Office Website at http://www.copyright.gov/dmca/).

DMCA NOTIFICATION OF ALLEGED COPYRIGHT INFRINGEMENT

If you would like to submit a claim of copyright infringement for material, please substantiate each claim by sending Groq’s registered Copyright Agent a Notification of Claimed Infringement at the email or mailing address below:

Mr. Vinay Joshi

Amin, Turocy & Watson LLP

160 W. Santa Clara St., Suite 975

San Jose, CA  95113

Email Address: vjoshi@ATWiplaw.com

Telephone Number: (650) 618-6481

A Notification of Alleged Infringement must be submitted in writing and include the following information:

Physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled; 

Information reasonably sufficient to permit Groq to locate the material that is claimed to be infringing or to be the subject of infringing activity;

Information reasonably sufficient to permit Groq to contact the person submitting the notice, such as address, email address, and telephone number;

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that the person submitting the notification is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

DMCA Counter-Notification

If you elect to send us a Counter-Notification, please send an email or letter to Groq’s registered Copyright Agent at the email or mailing address below:

Mr. Vinay Joshi

Amin, Turocy & Watson LLP

160 W. Santa Clara St., Suite 975

San Jose, CA  95113

Email Address: vjoshi@ATWiplaw.com

Telephone Number: (650) 618-6481

A Counter-Notification must be submitted in writing and include the following information:

Physical or electronic signature of the Customer or Registered User or a person authorized to act on behalf of the Customer or Registered User;

Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

A statement under penalty of perjury that the Customer or Registered User has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

The Customer’s or Registered User’s name, address, and telephone number, and a statement that (1) the Customer or Registered User consents to the jurisdiction of (a) the Federal District Court for the United States of America’s judicial district in which the address is located, or (b) if the Customer’s or Registered User’s address is outside the United States of America, the Federal District Court for the Northern District of California, and (2) the Customer or Registered User will accept service of process from the person who submitted the Notification of Claimed Infringement or an agent of such person.

Please note that under Section 512(f) of the United States Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination, in appropriate circumstances, of Customers or Registered Users who are repeat infringers.

For purposes of complying with the requirements of the Register of Copyrights, Groq’s physical street address is 301 Castro Street, Suite 200, Mountain View, CA, 94041.  Notifications should be sent to the registered agent, NOT to Groq’s physical street address. 

  1. 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.

  1. LIMITATION OF LIABILITY

NEITHER GROQ NOR IT’S SUPPLIERS WILL 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.

  1. 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.

  1. 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 Groq’s 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.

  1. 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.

  1. 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.