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| 0 | Llama API Llama API Terms of Service Release Date: April 29 2025 These Llama API Terms of Service (“ Terms ”) are an agreement between you and Meta Platforms, Inc. | 0 | Model API Terms of Service These Terms govern your access to and use of the Services for a limited preview period. |
| 1 | (if you are located in the United States or Canada) and Meta Platforms Ireland Limited (if you are located outside the United States or Canada) (“ Meta ”, “ we ” or “ us ”). | 1 | Meta may update these Terms or release new terms upon the general public availability of the Meta Model API. |
| 2 | These Terms apply when you access or use the application programming interface we make available (“ Llama API ”) that allows you to interface with certain artificial intelligence models hosted by or on behalf of Meta, including Llama AI models, and any related software, tools, Llama API keys, services, documentation, and content (“ Meta AI Materials ”). | 2 | Release Date: July 8, 2026 These Meta Model API Terms of Service (“ Terms ”) are an agreement between you and Meta Platforms, Inc. or Meta Platforms Ireland Limited (if you are located in the European Region as defined here ) (“ Meta ”, “ we ” or “ us ”). |
| 3 | The Llama API and the Meta AI Materials (when accessed via the Llama API) are collectively referred to herein as the “ Services ”. | 3 | These Terms apply when you access or use the application programming interface we make available (“ Meta Model API ”) that allows you to interface with certain Meta artificial intelligence models (“ Meta Models ”), and any related software, tools, Meta Model API keys, services, documentation, and content (“ Meta Materials ”). |
| 4 | You agree to be bound by these Terms by: (i) clicking to accept these Terms, or (ii) accessing or using any part of the Llama API. | 4 | The Meta Model API and Meta Materials (when accessed via the Meta Model API) are collectively referred to herein as the “ Services ”. |
| 5 | For purposes of these Terms, “ you ” and “ your ” means you as a user of the Llama API and any User(s) (as defined in the Supplemental Managed Accounts Terms). | 5 | You agree to be bound by these Terms by: (i) clicking to accept these Terms, or (ii) accessing or using any part of the Meta Model API. |
| 6 | If you use the Llama API on behalf of a company or other entity, then “ you ” includes you and that entity, and you represent that you have the authority to bind any employer, entity, or person to the Terms. | 6 | For purposes of these Terms, “ you ” and “ your ” means you as a user of the Meta Model API and any User(s) (as defined in the Supplemental Managed Accounts Terms). |
| 7 | If you use the Meta Model API on behalf of a company or other entity, then “ you ” includes you and that entity, and you represent that you have the authority to bind any employer, entity, or person to the Terms. | ||
| 8 | Services. 1.1 Right to Services . | 9 | Services. |
| 9 | Subject to your compliance with the Terms, Meta grants you a non-exclusive right to access and use the Services, including to use the Services to (i) use and fine-tune our artificial intelligence models, including Llama AI models and Fine-Tuned Models (as defined below), and (ii) develop integrations (“ Integrated Products ”) that allow end users of your products or services (“ End Users ”) to interface with the Services. | 10 | Subject to your compliance with the Terms, Meta grants you a non-exclusive right to access and use the Services to (i) use Meta Models; and (ii) develop integrations that allow end users of your products or services (“ End Users ”) to interface with the Services (“ Integrated Products ”). |
| 10 | You are responsible for your End Users’ compliance with the Terms and any obligations under the Terms that apply to you shall also apply to your End Users. 1.2 Commercial Terms . | 11 | You must build your Integrated Products in compliance with applicable laws. |
| 11 | If the monthly active users of the products or services made available by or for you, or your affiliates, is greater than 700 million monthly active users in the preceding calendar month, you are not authorized to use or access the Services unless or until Meta expressly grants you such rights. 1.3 Restrictions . | 12 | You must require your End Users to comply with applicable laws, regulations, and these Terms, and you will not knowingly enable them to violate any of the foregoing. |
| 12 | If you are an individual domiciled in, or a company with a principal place of business in, the European Union, you are not permitted to use the Services to, and you agree not to use the Services to, access any multimodal AI models that may be made available via the Services. | 13 | You are responsible for your End Users’ compliance with the Terms, and any obligations under the Terms that apply to you shall also apply to your End Users. |
| 13 | This restriction does not apply to End Users of your Integrated Products that incorporate any such multimodal models. 2. | 14 | You may request applicable Meta Model documentation by contacting Meta at modeldocumentation@meta.com or through alternative means that Meta may make available. 2. |
| 14 | Additional Terms . | 15 | Additional Terms. |
| 15 | These Terms incorporate by reference the Supplemental Managed Accounts Terms, the Meta Global Processor Terms (the “ MGPT ”), the Data Security Terms and any other applicable written terms and policies provided by Meta that apply to your use of the Services, and which, in each case, may be updated by Meta from time to time (collectively, the “ Additional Terms ”). | 16 | These Terms incorporate by reference the Supplemental Managed Accounts Terms , Meta Global Processor Terms (“ MGPT ”), Data Security Terms , and any other applicable written terms and policies provided by Meta that apply to your use of the Services, which, in each case, may be updated by Meta from time to time (collectively, the “ Additional Terms ”). |
| 16 | As used herein, “ Terms ” will be deemed to incorporate, where applicable, any relevant Additional Terms. | 17 | As used herein, “ Terms ” will be deemed to incorporate, where applicable, any relevant Additional Terms. 3. |
| 17 | For the avoidance of doubt, your access to or use of Meta AI Materials (or any fine-tuned or distilled versions of the Llama AI models including Fine-Tuned Models) that is not through the Llama API (e.g., on a standalone basis as downloaded on your systems) is subject to the applicable license agreement or terms that we apply to any such Meta AI Materials, and not these Terms. | 18 | Managed Accounts, Meta Accounts, and Meta Model API Keys. |
| 18 | If you receive access to a Llama AI model through the Services which is not associated with a publicly available license, the Services or these Terms (or both) will specify the applicable license. | 19 | To access the Services, you need to either (i) create a new, or use an existing, managed account with Meta (“ Managed Account ”) or (ii) create a new or use an existing account system that links your profiles across Meta apps and devices (“ Meta Account ”). |
| 19 | For example, via the Llama API, you may receive access to the Llama 3.3 8b model, which is considered a Llama AI model and part of the Meta AI Materials; when downloaded, and not accessed via the Llama API, the Llama 3.3 8b model is subject to the Llama 3.3 Community License Agreement and Acceptable Use Policy . 3. | 20 | Your Managed Account is governed by the Supplemental Managed Accounts Terms and associated Privacy Disclosure . |
| 20 | Managed Accounts and Llama API Keys . | 21 | These Terms shall govern your use of the Services through your Meta Account, and with regard to the Services, shall supersede any other terms governing your Meta Account. |
| 21 | To access the Services, you need to create a new or use an existing managed account(s) with Meta ( “Managed Account(s)” ). | 22 | Your Managed Account, your Meta Account, or both (as applicable) are each referred to herein as an “ Account ” and collectively as your “ Accounts ”. |
| 22 | Your use of a Managed Account is governed by the Supplemental Managed Accounts Terms and associated Privacy Disclosure . | 23 | The collection and use of your information and data (including account, contact, and website interaction information) when you use the Services are governed by the Privacy Policy . |
| 23 | If Meta terminates your Managed Account or prohibits your Managed Account from accessing the Services, (i) these Terms will automatically terminate; and (ii) you may not create a new Managed Account to bypass the termination or prohibition. | 24 | Meta may process that information for service and marketing communications. |
| 24 | To enable you to use the Services, we will provide your Managed Account with one or more confidential Llama API keys - you may not share your Llama API key with any third party without our prior written permission. | 25 | If Meta terminates your Account, or prohibits your Account from accessing the Services, (i) these Terms will automatically terminate; and (ii) you may not create a new Account to bypass the termination or prohibition. |
| 25 | Upon termination of your Managed Account or right to use the Services, you must immediately delete your Llama API key. 4. | 26 | To enable you to use the Services, we will provide your Account with one or more confidential Meta Model API keys. |
| 26 | Llama AI Models . 4.1 Fine-Tuned Models . | 27 | You may not share your Meta Model API key with any third party without our prior written permission. |
| 27 | We may, but are not obligated to, provide you with functionality via the Services to fine-tune Llama AI models (such fine-tuned models, “Fine-Tuned Models”), and either access the Fine-Tuned Models via the Llama API (in which case the Fine-Tuned Models will be deemed part of the Llama AI models for purposes of Section 1 (Services) and 4.2 (Attribution) of these Terms) or download such Fine-Tuned Models for use on your systems on a standalone basis. | 28 | Upon termination of your Account or right to use the Services, you must immediately delete all Meta Model API keys provided to you. 4. |
| 28 | Such functionality may also include the ability for you to upload your data, prompts, or other content (“Your Fine-Tuning Data”) to be used for such fine-tuning. | 29 | Content Rights, Usage Data and Retention. 4.1 Content Rights . |
| 29 | Your Fine-Tuning Data is deemed part of your “Content” under these Terms. | 30 | Between you and Meta, to the extent permitted by applicable law, you own all rights, title, and interests in and to your Inputs and Outputs, each as defined below (collectively, “ Content ”), and Meta does not claim any ownership of your Content. |
| 30 | You are responsible for ensuring that Your Fine-Tuning Data is legally permissible, and appropriate and sufficient for your fine-tuning purposes, and complies with any applicable documentation and specifications provided by Meta to create Fine-Tuned Models. | 31 | You are responsible for the accuracy and validity of your information, data, or other content, such as your text, documents, images, videos, or recordings that you provide to the Services (“ Inputs ”). |
| 31 | Meta has no responsibility, liability or obligation in connection with your efforts to create Fine-Tuned Models via the Services. | 32 | You represent and warrant that you have all necessary intellectual property rights, and all rights required under applicable data protection laws, to submit Input to the Services for your own use and for Meta’s use as described in these Terms. |
| 32 | Upon your request, Meta may, in its sole discretion, assist you with any efforts to fine-tune, but all such assistance is provided on an “as-is” and “as-available” basis without any representations or warranties of any kind. | 33 | For clarity, Content is not considered Customer Data (as defined in the Supplemental Managed Accounts Terms). |
| 33 | Meta may use your Fine-Tuning Data to make the Services available to you. | — | Removed |
| 34 | You and your Managed Users (as defined in Supplemental Managed Accounts Terms) may use and access Your Fine-Tuning Data and Fine-Tuned Models through your Managed Accounts. 4.2 Attribution . a. | — | Removed |
| 35 | If you distribute or make available any Llama AI models (or any derivative works thereof), or a product or service (including another AI model) that contains any of them, you shall (i) provide a copy of the relevant Community License Agreement with any such Llama AI models; and (ii) prominently display “Built with Llama” on a related website, user interface, blogpost, about page or product documentation. | — | Removed |
| 36 | If you use the Llama AI models or any Outputs or results of the Llama AI models to create, train, fine tune, or otherwise improve an AI model, which is distributed or made available, you shall also include “Llama” at the beginning of any such AI model name. | — | Removed |
| 37 | You must retain in all copies of the Llama AI models that you distribute the following attribution notice with a “Notice” text file distributed as a part of such copies: “Llama [Version #] is licensed under the Llama [Version #] Community License, Copyright © Meta Platforms, Inc. | — | Removed |
| 38 | All Rights Reserved” (and you will include the applicable version number for the relevant Llama AI model within the “[Version #]” placeholder in such notice). | — | Removed |
| 39 | For clarity, if your End Users use or receive the Llama AI models (or any derivative works thereof) from you as part of use of your Integrated Product, then this Section 4.2 does not apply to any such End Users. b. | — | Removed |
| 40 | No trademark licenses are granted under these Terms, and in connection with the Services, neither we nor you may use any name or mark owned by or associated with the other or any of its affiliates, except as set forth in this Section 4.2. Meta hereby grants you a license to use “Llama” (the “ Mark ”) solely as required to Section 4.2(a). | — | Removed |
| 41 | You will comply with Meta’s brand guidelines (currently accessible at https://about.meta.com/brand/resources/meta/company-brand/ ) . | — | Removed |
| 42 | All goodwill arising out of your use of the Mark will inure to the benefit of Meta. 5. | — | Removed |
| 43 | Rights. 5.1 Content Rights . | — | Removed |
| 44 | Between you and Meta, to the extent permitted by applicable law, you own all rights, title, and interests in and to your Inputs and Outputs, each as defined below (collectively, “ Content”) , and Meta does not claim any ownership of your Content. | — | Removed |
| 45 | You are responsible for the accuracy and validity of your information, data (including training data) or other content, such as your text, documents, images, videos, or recordings that you provide to the Services, including any of Your Fine-Tuning Data (“ Inputs ”). | — | Removed |
| 46 | For clarity, Inputs are not considered Customer Data (as defined in the Supplemental Managed Accounts Terms). | — | Removed |
| 49 | Meta will retain your Content for 30 calendar days as needed to provide the Services under the Terms. | 36 | Subject to the restrictions in these terms, you agree that Meta may use the Content to provide the Services to you. |
| 50 | Meta may also retain your Content: (i) to the extent necessary for compliance with applicable laws; (ii) in connection with the exercise of Meta’s rights to use your Content under this Section 5; and (iii) when our systems flag data for a potential policy violation. 5.2 Aggregate Data . | 37 | You instruct Meta to retain and process Content as necessary to detect, prevent, and respond to violations of our Model API AUP (defined below) or the Terms and to develop, evaluate, and improve systems for the safety and the security of Meta products and services. 4.2 Usage Data . “Usage Data” means technical data generated by the Services relating to how you interact with the Services, such as tool call sequences, API request metadata, error logs, timestamps, token counts, latency measurements, and operational metrics. |
| 51 | Meta may aggregate and anonymize data and information relating to (i) how you interact with the Services, such as page views, errors in functionalities, latency, and inference processing time; and (ii) the types of Content processed by the Services, such as the average number of Outputs related to specific categories of Content like travel or software coding (“ Aggregate Data ”). | 38 | Meta may use Usage Data to test, support, develop, evaluate, and improve the Meta Model API. 4.3 Retention . |
| 52 | Meta may use Aggregate Data for its business purposes, including to test, support, develop, train, and improve the Services and Meta’s other products and services. | 39 | Meta will retain your Content and Usage Data as needed: (i) to provide the Services under the Terms; (ii) to the extent necessary for compliance with applicable laws; (iii) in connection with the exercise of Meta’s rights to use your Content and Usage Data under the Terms; (iv) when our systems flag data for a potential policy violation; and (v) for security, safety, abuse, and policy review. 5. |
| 53 | Meta will not use your Content to train any artificial intelligence models. 5.3 Rights in the Services . | 40 | Paid Services. |
| 54 | Meta or its licensors own and retain all right, title and interest in and to the Services. | 41 | If you pay to use the Services (“ Paid Services ”), the following terms apply to you. 5.1 Processor Terms . |
| 55 | Other than the rights of access and use expressly granted in these Terms, nothing in these Terms will grant you any right, title, or interest in or to the Services. | 42 | If you are using Paid Services, Meta will process applicable data as described in the MGPT. |
| 56 | Meta retains ownership of all rights, title and interest in and to the base Llama AI models that you use to create Fine-Tuned Models, but Meta does not claim ownership in any incremental changes you create to the base Llama AI models to create Fine-Tuned Models. 5.4 Feedback . | 43 | Meta will collect, use, process, and share such data as a “ Service Provider ” or “ Processor ” (each as defined in the MGPT) to you in relation to your use of the Services, and will not use Content from Paid Services to train Meta Models. |
| 57 | If you provide any feedback, comments, or suggestions (“ Feedback ”) to Meta, whether directly or indirectly, then Meta may freely use and disclose such Feedback, without obligation or compensation to you. | 44 | You agree to comply with the MGPT when Meta acts as your Service Provider or Processor. |
| 45 | You authorize Meta to engage subprocessors included in the list located here , as may be updated by Meta from time to time. | ||
| 46 | You and Meta acknowledge that: (i) the duration, subject matter, nature, and purpose of the processing shall be as specified in this Section 5; (ii) the types of data processed shall include those specified in the definition of Inputs and Outputs; (iii) the categories of data subjects include your End Users and representatives; and (iv) the frequency of the data transfers are on a continuous basis for the duration of these Terms, unless otherwise expressly provided in these Terms. | ||
| 47 | To the extent that you wish to inform Meta of any Privacy Rights requests individuals make to you pursuant to Applicable Law (as defined in the MGPT) that you require Meta’s assistance to comply with, you will provide the information necessary for Meta to assist with such compliance and contact Meta through your Accounts. 6. | ||
| 48 | Unpaid Services. | ||
| 49 | If you are using the Services on an unpaid basis (“ Unpaid Services ”), the following terms apply to you. 6.1 Content Use Terms . | ||
| 50 | Meta will process Content from Unpaid Services as described in these Terms and Privacy Policy . | ||
| 51 | You agree that Meta may use your Content, including Inputs and Outputs, to train, develop, evaluate, and improve Meta’s artificial intelligence models, products, and services. | ||
| 52 | Before using Content from Unpaid Services to train artificial intelligence models, Meta takes steps designed to disassociate that Content from your Accounts and your Meta Model API key; however, Meta may use Content for evaluation, safety, abuse, quality, and policy review without first applying those steps. | ||
| 53 | By using the Unpaid Services, you acknowledge and agree that your Content may be used by Meta for the above-described purposes. | ||
| 54 | Meta may also retain and process your Content: (i) to the extent necessary for compliance with applicable laws; (ii) in connection with the exercise of Meta’s rights to use your Content under this Section 6; and (iii) when our systems flag data for a potential policy violation. 6.2 Your Responsibilities . | ||
| 55 | You must not submit sensitive, confidential, or personal information to the Unpaid Services. | ||
| 56 | You must provide and adhere to a privacy policy for all of your Integrated Products that clearly and accurately describes to End Users what user information you collect and how you use and share that information, including for advertising or marketing. | ||
| 57 | The Services are offered programmatically. | ||
| 58 | Meta does not receive, determine, or route traffic based on location of your End Users, and the Unpaid Services do not offer a mechanism to exclude specific traffic from training. | ||
| 59 | If your End Users are located in a jurisdiction that is excluded from eligibility for Unpaid Services under the Meta Model API Geographic Use Policy , or if you otherwise require that Content not be used for training, you must use the Paid Services for that traffic. | ||
| 60 | You are responsible for determining your End Users' locations, determining applicable legal requirements, and for selecting whether to use Paid Services or Unpaid Services accordingly. 7. | ||
| 61 | No Trademark Licenses. | ||
| 62 | No trademark licenses are granted under these Terms, and in connection with the Services, neither we nor you may use any name or mark owned by or associated with the other or any of its affiliates. 8. | ||
| 63 | Rights in the Services. | ||
| 64 | Meta or its licensors own and retain all right, title, and interest in and to the Services. | ||
| 65 | Other than the rights expressly granted in these Terms, nothing in these Terms will grant you any right, title, or interest in or to the Services. 9. | ||
| 66 | Feedback. | ||
| 67 | If you provide any feedback, comments, or suggestions (“ Feedback ”) to Meta, whether directly or indirectly, Meta may freely use and disclose such Feedback, without obligation or compensation to you. | ||
| 59 | Any Feedback will not be considered Confidential Information and may be used or disclosed by Meta for any purpose. 6. | 69 | Any Feedback will not be considered your Confidential Information and may be used or disclosed by Meta for any purpose. 10. |
| 60 | Restrictions . 6.1 Compliance with restrictions . | 70 | Restrictions. 10.1 Compliance with Restrictions . |
| 61 | Your use of the Services, including any Content, must comply with the (i) Terms, (ii) our Acceptable Use Policy , which is incorporated by reference herein, and (iii) all applicable laws and regulations. | 71 | Your use of the Services, including any Content, must comply with the (i) Terms, (ii) our Meta Model API Acceptable Use Policy (“ Model API AUP ”) which is incorporated by reference herein, and (iii) all applicable laws and regulations. |
| 62 | You acknowledge and agree that you must be the age of majority in your jurisdiction in order to use the Services. | 72 | Your use of the Services must comply with U.S., EU, UK, and UN sanctions and applicable export controls (“ Trade Controls ”). |
| 63 | You agree that you will not do any of the following in connection with use of the Services, unless applicable laws or regulations prohibit these restrictions (and then only after advance notice to Meta) or unless expressly permitted by Meta: (i) access or use the Services on behalf of any third party, or grant access to the Services (including any related Llama API key) to any third party other than allowing End Users to interface with the Meta AI Materials through use of your Integrated Products; (ii) hide your identity, impersonate anyone else or misrepresent your affiliation with any person or organization; (iii) submit or upload to the Services any information or data that is subject to safeguarding and/or limitations on distribution pursuant to applicable laws and/or regulations, including information that you know or reasonably should know is from or about children under the age of 13 or other age of online minority in the applicable jurisdiction or that includes health information, financial information, or other categories of sensitive information (including any information defined as sensitive, special category, or similar terms under applicable laws and/or regulations); (iv) exceed or bypass any rate limits (including any limitations on access, calls and use of the Services), restrictions, or safety measures on the Services or use the Services in a manner that exceeds reasonable request volume or constitutes excessive or abusive usage; (v) copy, modify, create derivative works of, reverse engineer, decompile, disassemble or otherwise seek to obtain the source code to the Services (but note this does not prevent you from fine-tuning or distilling any of our AI models via the permitted functionality of the Services); (vi) extract any data from the Services except to the extent expressly permitted by the Terms; (vii) remove, modify, or obscure any proprietary or other notices contained in the Services; (viii) publicly disseminate confidential technical information regarding the performance of the Services; (ix) circumvent or attempt to avoid any filtering, safety and security measures, or other features designed to protect the Services, including any guardrails and content restrictions; (x) attempt to gain unauthorized access to the Services or its related systems or networks; and (xi) upload any virus, malware or other malicious code to the Services or do anything else that could disable, overburden, interfere with or impair the proper safety, security, integrity, operation or appearance of the Services. 6.2 Notification of breach . | 73 | You represent and warrant that you and your End Users are not the target of Trade Controls restrictions that would make it prohibited to access and use the Services. |
| 64 | You will promptly notify Meta if you know or suspect that you or any third party has breached Section 6.1. 6.3 Right to monitor . | 74 | You and your End Users must be at least 18 years of age to use the Services and Integrated Products, and you will not create Integrated Products targeted at individuals under the age of 18. |
| 65 | Meta may (i) monitor, including through automated or manual (human) review, your use of the Services to assess compliance with the Terms and applicable laws; and (ii) remove, without notice to you, any Content that Meta determines to be in violation of these Terms. 7. | 75 | You agree that you will not do any of the following in connection with use of the Services, unless applicable laws or regulations prohibit these restrictions (and then only after advance notice to Meta) or unless expressly permitted by Meta: (i) access or use the Services on behalf of any third party, or grant access to the Services (including any related Meta Model API key) to any third party other than allowing End Users to interface with the Meta Materials through use of your Integrated Products; (ii) extract any data from the Services except to the extent expressly permitted by the Terms; (iii) remove, modify, or obscure any proprietary or other notices contained in the Services; (iv) attempt to gain unauthorized access to the Services or its related systems or networks; (v) access, use, or make the Services or Integrated Products available in any country or geographic area not permitted by the Meta Model API Geographic Use Policy ; (vi) access or use the Services, or allow others to access or use the Services, in any manner prohibited by the Model API AUP; (vii) access or use the Services to engage in or facilitate any action, or generate any content that infringes, misappropriates, or otherwise violates any third-party rights, including through the outputs or results of any products or services; (viii) misappropriate Meta's models, resources, or intellectual property; (ix) use Outputs of the Services to train, fine-tune, distill, or otherwise improve or create any artificial intelligence or machine learning model that competes with Meta’s models or services, or systematically collect Outputs to build training datasets for use in developing competing models or services, without Meta's prior written authorization. |
| 66 | Changes to the Services . | 76 | For the avoidance of doubt, using Outputs solely for evaluation, benchmarking, or quality assessment of your own systems does not constitute a prohibited use under this Section; (x) reverse engineer, decompile, disassemble, or otherwise attempt or assist others to derive the underlying models, algorithms, weights, or source code of the Services, including through systematic querying, model extraction techniques, probing of inputs and outputs, or any other method designed to reconstruct or approximate the proprietary components of the Services; (xi) publicly disseminate performance benchmarks or evaluations of the Services for the purpose of promoting or marketing a competing product or service, without Meta's prior written authorization; (xii) circumvent, disable, or evade rate limits, usage quotas, content filters, access controls, or other technical safeguards applied to the Services; and (xiii) consume computational resources in a manner that is excessive relative to your authorized use, that degrades the Services for others, or that is inconsistent with legitimate end-user application use. 10.2 Notification of breach . |
| 67 | Meta may, at its sole discretion, add, change, or remove the functionality, features, or other aspects of the Services, and throttle, limit, suspend or terminate your access to the Services at any time without notice to you, including as Meta may deem necessary to promote the security, stability, availability, or integrity of the Services. | 77 | You will promptly notify Meta if you know or suspect that you or any third party has breached Section 10.1. 10.3 Right to monitor . |
| 68 | Meta may also disable or change some features, functionality, or other aspects of the Services based on your location or other factors. 8. | 78 | Meta may (i) monitor, including through automated or manual (human) review, your use of the Services to assess compliance with the Terms and applicable laws; and (ii) remove, without notice to you, any Content that Meta determines to be in violation of these Terms. 11. |
| 69 | Confidentiality . “ Confidential Information ” means any non-public information, materials, or other subject matter disclosed by one party (“ Discloser ”) to the other party (“ Recipient ”) that is identified as confidential when disclosed or should be reasonably understood by the Recipient to be confidential (including information related to Managed Accounts). | 79 | Changes to the Services. |
| 70 | Subject to Meta’s rights under Section 5, Confidential Information includes your Content. | 80 | Meta may, at its sole discretion, add, change, or remove functionality, features, or other aspects of the Services (including the availability of certain Meta Models accessible through the Services), and throttle, limit, suspend, or terminate your access to the Services at any time without notice to you, including as Meta may deem necessary to promote the security, stability, availability, or integrity of the Services. |
| 81 | Meta may also disable or change some features, functionality, or other aspects of the Services based on your location or other factors. 12. | ||
| 82 | Confidentiality. “ Confidential Information ” means any non-public information, materials, or other subject matter disclosed by one party (“ Discloser ”) to the other party (“ Recipient ”) that is identified as confidential when disclosed or should be reasonably understood by the Recipient to be confidential (including information related to Accounts). | ||
| 83 | Your Content constitutes your Confidential Information; however, Meta's rights to use, process, and retain Content as described in Sections 4, 5, and 6 are not restricted by this Section 12. | ||
| 72 | These confidentiality obligations do not apply to information which: (w) was in a Recipient’s possession before receipt from the Discloser; (x) is public knowledge through no fault of the Recipient; (y) was rightfully disclosed to Recipient by a third party without restriction on disclosure; or (z) is independently developed without use of Discloser’s Confidential Information. | 85 | These confidentiality obligations do not apply to information which: (a) was in a Recipient’s possession before receipt from the Discloser; (b) is public knowledge through no fault of the Recipient; (c) was rightfully disclosed to Recipient by a third party without restriction on disclosure; or (d) is independently developed without use of Discloser’s Confidential Information. |
| 73 | Recipient may disclose Confidential Information to the extent it is required to do so by law, or court or administrative order. 9. | 86 | Recipient may disclose Confidential Information to the extent it is required to do so by law, or court or administrative order. 13. |
| 74 | Payments . | 87 | Payments. 13.1 Fees and Taxes . |
| 75 | The Services are currently being made available to you free of charge. | 88 | If you are using Paid Services, you are responsible for paying all fees arising from your use of the Services (“ Services Fees ”) and any applicable national, state, or local sales or use taxes, value added taxes, or similar taxes (“ Transaction Taxes ”). |
| 76 | Meta reserves the right to change this policy at any time to require payment for continued access to the Services. | 89 | Meta will calculate the Services Fees in accordance with the service rates made available via your Managed Account. |
| 77 | Meta will provide you with advance notice before any such payment is required. 10. | 90 | Meta may update the Services Fees by updating those service rates. |
| 91 | Unless otherwise noted, all currency references are in U.S. Dollars. | ||
| 92 | You must pay all Services Fees and applicable Taxes when due. | ||
| 93 | Invoiced amounts and all other amounts payable by you are inclusive of any applicable Transaction Taxes. | ||
| 94 | These Transaction Taxes will be separately itemized on your invoice. | ||
| 95 | You agree that if you are using Paid Services, then for purposes of calculating Taxes, the Paid Services are intended to be used for commercial purposes only. 13.2 Billing and Payments . | ||
| 96 | Meta may offer different ways for you to pay for the Services. | ||
| 97 | The Community Payment Terms are incorporated by reference in these Terms. | ||
| 98 | For the avoidance of doubt, any additional terms and conditions that are hyperlinked within or otherwise referenced in the Community Payment Terms are applicable to payment information that you store with Meta. | ||
| 99 | To the extent of a conflict between the Community Payment Terms and these Terms, these Terms will supersede and control. | ||
| 100 | You agree that all information you provide with regard to the payment of any Services Fees, including credit card, debit card or other payment information, is accurate, current, and complete. | ||
| 101 | You represent and warrant that you have the legal right to use the payment method you provide us for our payment processor. | ||
| 102 | Meta or a Meta affiliate entity will charge, invoice, and otherwise allow you to pay for the Services as described below. | ||
| 103 | (i) Non-Invoiced Billing . | ||
| 104 | Meta may allow you to pay when your use of the Services reaches a certain limit set by Meta. | ||
| 105 | If you pay this way, Meta will automatically charge your payment method either upon the applicable due date, or when this limit is reached, whichever is earlier. | ||
| 106 | If you choose to pay via direct debit, you agree that we can charge your payment method an amount within an agreed-upon range. | ||
| 107 | (ii) Pre-Payment . | ||
| 108 | Meta may allow you to pay for Services in advance. | ||
| 109 | Such Services are available to you immediately upon payment. | ||
| 110 | Pre-payment is non-refundable except where required by law. | ||
| 111 | Meta is not a bank and does not offer banking services; accordingly, pre-payment does not earn interest, is not a deposit obligation, and is not insured. | ||
| 112 | (iii) Invoice Billing . | ||
| 113 | Meta may allow you to pay on an invoice basis. | ||
| 114 | If you pay this way, Meta sets a maximum spending limit and will issue you an invoice periodically for payment in accordance with applicable invoicing terms. | ||
| 115 | Payments are due within the payment due date specified on the invoice. | ||
| 116 | When paying this way, you authorize Meta to obtain your personal and/or business credit report from a credit bureau. | ||
| 117 | (iv) Late Payments . | ||
| 118 | If your payment method fails or your payment is otherwise past due, we may immediately suspend your right to use the Services. | ||
| 119 | We may also take additional steps to collect past due amounts. | ||
| 120 | You will pay all reasonable expenses associated with such collection, including reasonable attorneys’ fees. | ||
| 121 | Past due amounts will accrue interest at 1% per month or the lawful maximum, whichever is less. 13.3 Promotional Credits . | ||
| 122 | Meta may provide you with promotional credits in your Accounts that can only be used with the Services. | ||
| 123 | Unless Meta expressly states otherwise in your Accounts or in these Terms, use of the Services through promotional credits will be treated as Unpaid Services. | ||
| 124 | Such credits (i) are not legal tender or currency; (ii) are not redeemable, refundable, or exchangeable for any sum of money or monetary value; and (iii) have no equivalent value in fiat currency. | ||
| 125 | Unused promotional credits may expire within a set period of time as stated in your Account or otherwise indicated in the Supplemental Managed Account Terms, and cannot be reinstated. 14. | ||
| 79 | Meta shall treat your Content and Customer Data in accordance with the Data Security Terms . 11. | 127 | Meta shall treat your Content and Customer Data in accordance with the Data Security Terms . 15. |
| 80 | Privacy. 11.1 Processor Terms . | 128 | Term, Termination, and Modification. 15.1 Term . |
| 81 | To the extent that Content contains Applicable Personal Data (as defined in the MGPT), Meta shall collect, use, process, and share such data as a “ Service Provider ” or “ Processor ” (each as defined in the MGPT) to you in relation to your use of the Services. | 129 | As used herein, “ Term ” means the period of time that starts when you accept the Terms or the first day that you access or use the Services, whichever is earlier, and continues until your Account is deleted or the Terms are terminated. |
| 82 | You agree to comply with the MGPT when Meta acts as your Service Provider or Processor. | — | Removed |
| 83 | In the event of international data transfers of Applicable Personal Data that are subject to the MGPT’s European Data Protection Requirements, Section 4 of the European Region Terms of the MGPT shall apply. | — | Removed |
| 84 | You authorize Meta to engage subprocessors included in the list located here , as may be updated by Meta from time to time in accordance with the MGPT. | — | Removed |
| 85 | You and Meta acknowledge that: (i) the duration, subject matter, nature, and purpose of the processing shall be as specified in these Terms; (ii) the types of Applicable Personal Data processed shall include those specified in the definition of Inputs and Outputs, as described in Section 4; (iii) the categories of data subjects include your representatives; and (iv) the frequency of the data transfers are on a continuous basis for the duration of these Terms, unless otherwise expressly provided in these Terms. 11.2 Privacy Rights . | — | Removed |
| 86 | To the extent that you wish to inform Meta of any Privacy Rights (as defined in the MGPT) requests individuals make to you pursuant to Applicable Law (as defined in the MGPT) that you require Meta’s assistance to comply with, you will provide the information necessary for Meta to assist with such compliance and contact Meta through your Managed Account. 11.3 Your Responsibilities . | — | Removed |
| 87 | Notwithstanding anything contained in these Terms, you will provide adequate privacy notices and disclosures to, and obtain all consents, rights, and authorizations necessary from your End Users, and any third parties (including employees, contractors, affiliates, or others acting in the employment context) where use of the Services is made, in each case with respect to the collection, disclosure, and processing of any personal information by Meta ( including Section 5 of these Terms), you, or third parties on your behalf while using the Services. 11.4 Website Interaction Data . | — | Removed |
| 88 | Our practices with respect to the collection and use of your information and data when you use the Llama website (https://llama.developer.meta.com/) are governed by the Privacy Policy . | — | Removed |
| 89 | However, any Content sent or generated through the Llama API via the Llama website will be governed by these Terms. 12. | — | Removed |
| 90 | Term; Termination; and Modification . 12.1 Term . | — | Removed |
| 91 | As used herein, “Term” means the period of time that starts when you accept the Terms or the first day that you access or use the Services, whichever is earlier, and continues until your Managed Account is deleted or the Terms are terminated. | — | Removed |
| 93 | Meta may provide you with an opportunity to extend your access to the Services by accepting new terms. 12.2 Termination by you . | 131 | Meta may provide you with an opportunity to extend your access to the Services by accepting new terms. 15.2 Termination by you . |
| 94 | You may terminate the Terms at any time, for any reason, by deleting your Managed Account in accordance with the Supplemental Managed Accounts Terms. | 132 | You may terminate the Terms at any time, for any reason, by deleting your Account in accordance with the Supplemental Managed Accounts Terms and/or these Terms. |
| 95 | You will be responsible for paying all fees accrued by you (if any) prior to your termination of these Terms. 12.3 Termination by Meta . | 133 | You will be responsible for paying all fees accrued by you (if any) prior to your termination of these Terms. 15.3 Termination by Meta . |
| 96 | Meta may immediately terminate these Terms at any time, for any reason, by: (i) deleting or removing access to your Managed Account; (ii) removing your access to the Services; or (iii) giving notice to you, such as by email and/or placing a notice in your Managed Account. | 134 | Meta may immediately terminate these Terms at any time, for any reason, by: (i) deleting or removing access to your Account; (ii) removing your access to the Services; or (iii) giving notice to you, such as by email and/or placing a notice in your Account. |
| 97 | Meta may suspend your access to the Services: (a) to prevent a security risk or other credible risk of harm or liability to us, the Services, or any third party; (b) if required by law; or (c) for repeated violations or a material violation of these Terms. 12.4 Effect of Termination . | 135 | Meta may suspend your access to the Services: (A) to prevent a security risk or other credible risk of harm or liability to us, the Services, or any third party; (B) if required by law; or (C) for repeated violations or a material violation of these Terms. 15.4 Effect of Termination . |
| 98 | Upon termination of these Terms for any reason: (i) you must immediately cease using the Services; and (ii) the following Sections will survive: 5.2, 5.3, 5.4, 6, 10, 11, 12.4, 12.5, 13, 14, 15, 16, 17 and Exhibit A. 12.5 Modification . | 136 | Upon termination of these Terms for any reason: (i) you must immediately cease using the Services; and (ii) the following Sections will survive: 4, 5, 6, 7, 8, 9, 11, 12, 13, 15, 16, 17, 18, 19, and Exhibit A . 15.5 Modification . |
| 99 | We may modify these Terms from time to time in which case we will update the “Release Date” at the top of these Terms. | 137 | We may modify these Terms from time to time, in which case we will update the “Release Date” at the top of these Terms. |
| 100 | Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms. | 138 | Your continued access to or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms. |
| 101 | If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by email and/or placing a prominent notice in your Managed Account. | 139 | If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by email and/or by placing a prominent notice in your Managed Account. |
| 102 | The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. 13. | 140 | The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. 16. |
| 103 | Warranties . 13.1 Disclaimer . | 141 | Warranties. 16.1 Disclaimer . |
| 106 | WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, META MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES, INCLUDING ANY OUTPUTS, SHALL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED. 13.2 Your Warranties . | 144 | WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, META MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES, INCLUDING ANY OUTPUTS, SHALL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED. 16.2 Your Warranties . |
| 109 | Code § 503); and (ii) you have all necessary rights, licenses and permissions for you to use Inputs with the Services. 14. | 147 | Code § 503); and (ii) you have all necessary rights, licenses and permissions (including all necessary intellectual property rights required under applicable data protection laws) for you to submit and use Inputs to and with the Services for your own use and for Meta’s use as described in these Terms. 17. |
| 110 | Indemnification . 14.1 Your indemnity to Meta . | 148 | Indemnification. 17.1 Your Indemnity to Meta . |
| 113 | You shall not settle any claim without Meta’s prior written consent if the settlement requires Meta to take any action, refrain from taking any action, or admit any wrongdoing or liability with respect to such claim. 14.2 Meta’s indemnity to you . | 151 | You shall not settle any claim without Meta’s prior written consent if the settlement requires Meta to take any action, refrain from taking any action, or admit any wrongdoing or liability with respect to such claim. 17.2 Meta’s Indemnity to You . |
| 114 | If you are using the Services under a paid arrangement, Meta will indemnify you against all damages that are finally awarded by a court of competent jurisdiction and any settlement amounts payable to a third party under a final, Meta-approved settlement, in each case arising out of any claim by a third party (excluding any of your End Users) that your paid use of the Services (including any Outputs and training data that Meta uses to train the relevant Meta AI Materials) infringes any intellectual property rights owned by that third party; provided that, you (i) give Meta prompt written notice when you become aware of the claim, including the nature of the claim, the relief sought and the amount of damages sought; (ii) allow Meta exclusive control of the disposition of the claim; (iii) provide, at Meta’s expense, all reasonable assistance in relation to the claim; and (iv) make no prejudicial admission about the claim. | 152 | If you are using the Paid Services (not through promotional credits), Meta will indemnify you against all damages that are finally awarded by a court of competent jurisdiction and any settlement amounts payable to a third party under a final, Meta-approved settlement, in each case arising out of any claim by a third party (excluding any of your End Users) related to (i) your use of the Paid Services, (ii) Meta’s use of training data used to train the relevant Services, or (iii) unmodified Outputs generated using the Paid Services that infringe any intellectual property rights owned by that third party; provided that, you (a) give Meta prompt written notice when you become aware of the claim, including the nature of the claim, the relief sought and the amount of damages sought (provided that your failure to provide prompt notice shall only reduce Meta’s obligations under this Section 17.2 to the extent Meta is prejudiced by such delay); (b) allow Meta exclusive control of the disposition of the claim; (c) provide, at Meta’s expense, all reasonable assistance in relation to the claim; and (d) make no prejudicial admission about the claim. |
| 115 | Meta will not settle any claim without your written consent (not to be unreasonably withheld, conditioned or delayed) if the settlement requires you to take any action, refrain from taking any action or makes an admission of any wrongdoing or liability with respect to such claim. | 153 | Meta will not settle any claim without your written consent (not to be unreasonably withheld, conditioned or delayed) if the settlement requires you to take any action, refrain from taking any action, or makes an admission of any wrongdoing or liability with respect to such claim. 17.2.1 Exclusions . |
| 116 | Meta’s indemnification obligation under this Section 14.2 excludes any claims arising from: (a) fine-tuning, customization, or other modification of any of the Services, other than by Meta (including from any Fine-Tuned Models that were fine-tuned by you or by Meta pursuant to your instructions); (b) combination of the Services with other products, services, or software not provided by Meta, including any Integrated Products; (c) Inputs or modified or altered Outputs, other than by Meta; (d) your failure to comply with the Terms or any applicable laws; (e) use of the Services or any Outputs in a manner that you should have known was infringing or likely to infringe; (f) allegations of trademark infringement based on your use of Outputs in trade or commerce; and (g) your failure to use any filtering, security, or safety features or restrictions provided by Meta. 14.3 Meta’s rights to license, modify, or terminate . | 154 | Meta’s indemnification obligation under Section 17.2 excludes any claims arising from: (i) customization, or modification of any of the Services, other than by Meta; (ii) combination of the Services with other products, services, or software not provided by Meta, including any Integrated Products; (iii) Inputs or modified or altered Outputs, other than by Meta; (iv) your breach of the Terms or failure to comply with any applicable laws; (v) use of the Services or any Outputs in a manner that you knew or should have known was infringing or likely to infringe; (vi) your disabling, circumventing, or failing to use any filtering, safety and security measures, citations, or other features designed to protect the Services, including any guardrails and content restrictions; (vii) your continued use of any Output after receiving a rightsholder infringement notice; (viii) allegations of trademark infringement based on your use of Outputs in trade or commerce; and (ix) your use of unauthorized data to customize the Services or Meta Models. 17.3 Meta’s Rights to License, Modify, or Terminate . |
| 118 | You will comply with any instructions from Meta regarding the replacement, modification, or licensing of the relevant part(s) of the Services. 15. | 156 | You will comply with any instructions from Meta regarding the replacement, modification, or licensing of the relevant part(s) of the Services. 18. |
| 119 | Limitation of Liability . 15.1 Except for either party’s indemnification obligations under Section 14 and liability from either party’s breaches of its confidentiality obligations under Section 8, to the fullest extent permitted by applicable law, you agree that NEITHER PARTY NOR ITS AFFILIATES, LICENSORS, OFFICERS AND EMPLOYEES WILL BE LIABLE FOR ANY LOSS OF USE, LOSS OF PROFITS, LOST OR INACCURATE DATA OR CONTENT, INTERRUPTION OR LOSS OF BUSINESS, COSTS OF DELAY OR ANY INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. 15.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT META AND ITS AFFILIATES, LICENSORS, OFFICERS AND EMPLOYEES’ TOTAL AGGREGATE LIABILITY TO YOU AND YOUR AFFILIATES FOR ANY CLAIMS ARISING IN CONNECTION WITH THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF EITHER THE AMOUNTS PAID BY YOU TO META FOR USE OF THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE CLAIM THAT GIVE RISE TO SUCH LIABILITY OR ONE THOUSAND DOLLARS ($1000). 16. | 157 | Limitation of Liability. 18.1 EXCEPT FOR EITHER PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 17 AND LIABILITY FROM EITHER PARTY’S BREACHES OF ITS CONFIDENTIALITY OBLIGATIONS UNDER SECTION 12, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER PARTY NOR ITS AFFILIATES, LICENSORS, OFFICERS AND EMPLOYEES WILL BE LIABLE FOR ANY LOSS OF USE, LOSS OF PROFITS, LOST OR INACCURATE DATA OR CONTENT, INTERRUPTION OR LOSS OF BUSINESS, COSTS OF DELAY OR ANY INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. 18.2 EXCEPT FOR EITHER PARTY’S INDEMNIFICATION OBLIGATIONS IN SECTION 17 AND BREACH OF CONFIDENTIALITY UNDER SECTION 12, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT META AND ITS AFFILIATES, LICENSORS, OFFICERS AND EMPLOYEES’ TOTAL AGGREGATE LIABILITY TO YOU AND YOUR AFFILIATES FOR ANY CLAIMS ARISING IN CONNECTION WITH THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF EITHER THE AMOUNTS PAID BY YOU TO META FOR USE OF THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE CLAIM THAT GIVE RISE TO SUCH LIABILITY OR ONE THOUSAND DOLLARS ($1000). 19. |
| 120 | Disputes . | 158 | Disputes. |
| 121 | Any claims, causes of action or disputes that arise out of or relate to these Terms or the Services between you and Meta (“ Claims ”) will be governed by the terms set forth on Exhibit A . 17. | 159 | Any claims, causes of action or disputes that arise out of or relate to these Terms or the Services between you and Meta (“ Claims ”) will be governed by the terms set forth on Exhibit A . 20. |
| 122 | General . | 160 | General. |
| 137 | U.S. Claims : If you reside in the United States or your business is located in the United States: a. | 175 | U.S. Claims . |
| 176 | If you reside in the United States or your business is located in the United States: a. | ||
| 159 | If a Claim between you and us is not subject to arbitration, you agree that the Claim must be resolved exclusively in the U.S. District Court for the Northern District of California or a state court located in San Mateo County, and that you submit to the personal jurisdiction of either of these courts for the purpose of litigating any such Claim. 2 Claims Outside the United States . | 198 | If a Claim between you and us is not subject to arbitration, you agree that the Claim must be resolved exclusively in the U.S. District Court for the Northern District of California or a state court located in San Mateo County, and that you submit to the personal jurisdiction of either of these courts for the purpose of litigating any such Claim. 2. |
| 199 | Claims Outside the United States . | ||
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