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| 0 | Model API Contact us Terms of Service These Terms govern your access to and use of the Services for a limited preview period. | 0 | Model API Contact us Meta Model API Terms of Service These Terms govern your access to and use of the Services for a limited preview period. |
| 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 ”). | 2 | Last updated: August 5, 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 | 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 ”). | 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 or other components, including an artificial intelligence coding harness, Meta Model API keys, services, documentation, and content (collectively, with the Meta Models, the “ Meta Materials ”). |
| 4 | The Meta Model API and Meta Materials (when accessed via the Meta Model API) are collectively referred to herein as the “ Services ”. | 4 | The Meta Model API and Meta Materials (when accessed via the Meta Model API) are collectively referred to herein as the “ Services .” Meta makes certain Meta Models available in different tiers: " Discounted Models " and " Standard Models ." The specific Meta Models designated as Discounted Models or Standard Models are identified through the Meta Model API Model Designation and Geographic Use Policy . |
| 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. | 5 | " Discounted Services " means the Services when used with Discounted Models. |
| 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). | 6 | " Standard Services " means the Services when used with Standard Models. |
| 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. | 7 | You agree to be bound by these Terms by: (i) clicking to accept these Terms, or (ii) accessing or using any part of the Services. |
| 8 | You represent that you, or your employer, or entity or other person that you represent, are of the age required under applicable laws, rules, or regulations to provide legal consent to accept the Terms. 1. | 8 | For purposes of these Terms, “ you ” and “ your ” means you as a user of the Services and any User(s) (as defined in the Supplemental Managed Accounts Terms). |
| 9 | If you use the Services 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 these Terms. | ||
| 10 | You represent that you, or your employer, or entity or other person that you represent, are of the age required under applicable laws, rules, or regulations to provide legal consent to accept these Terms. 1. | ||
| 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 ”). | 12 | Subject to your compliance with these Terms, Meta grants you a non-exclusive right to access and use the Services to (i) use Meta Materials; and (ii) develop other software applications, tools or products, and integrations that allow end users of your products or services (“ End Users ”) to interface with the Services (collectively, such applications, tools, products and integrations, “ Integrated Products ”). |
| 11 | You must build your Integrated Products in compliance with applicable laws. | 13 | Meta may make certain Meta Materials available for you to install on your device or systems (“ Downloadable Materials ”). |
| 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. | 14 | Subject to the terms, conditions and restrictions in these Terms, Meta grants you a limited, royalty-free, non-exclusive, personal, non-transferable, non-sublicensable (except as otherwise set forth in these Terms), revocable license during the Term to install and use those Downloadable Materials, in each case solely as contemplated by these Terms and the applicable documentation accompanying those Downloadable Materials. |
| 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. | 15 | You must build your Integrated Products in compliance with applicable laws; 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; and, without limiting the foregoing, where applicable law requires labeling, disclosure, provenance marking, or classification of AI-generated or AI-assisted content or systems, you are responsible for meeting those requirements with respect to your Actions, Outputs and Integrated Products, including any Outputs provided to End Users through such Integrated Products. |
| 16 | Your use of the Services, Outputs, and Integrated Products, including all labeling, disclosure, provenance-preservation, and AI-system classification obligations, is subject to the Model API AUP (defined below), and you are responsible for your End Users’ compliance with these Terms, and any obligations under these Terms that apply to you shall also apply to your End Users. | ||
| 17 | The terms and restrictions in these Terms governing your use of Downloadable Materials will apply regardless of how you use them. | ||
| 18 | You acknowledge and agree that any software in the Downloadable Materials is licensed in object code form only, unless we expressly authorize otherwise in writing. | ||
| 19 | You may incorporate Outputs, but not the Downloadable Materials themselves, within Integrated Products in accordance with the terms and restrictions of these Terms. | ||
| 20 | The Downloadable Materials may include third-party software offered under an open source license or third-party content subject to a separate third-party agreement. | ||
| 21 | To the extent any of such third-party terms conflicts with these Terms, such third-party terms will control solely with respect to such third-party software or content. | ||
| 22 | You agree to comply with all such third-party terms. | ||
| 23 | Where Downloadable Materials are made available to and downloaded by you, any reference in these Terms to the “Services” will be deemed to include the Downloadable Materials unless the context requires otherwise. | ||
| 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 ”). | 29 | 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 ”), unless Meta specifies otherwise with respect to any particular Service. |
| 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. | 40 | To the extent permitted by applicable law, and as between the parties, 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. |
| 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 ”). | 41 | You are responsible for the accuracy and validity of your information, data, or other content, such as your text, documents, libraries, code, databases, images, videos, or recordings that you provide to the Services including those that you may authorize the Services to access, including through connectors or integrations or as context or background for your specific prompts or instructions (“ Inputs ”). |
| 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. | 42 | You represent and warrant that you have all necessary intellectual property rights, and all rights required under applicable data protection laws, to submit or otherwise make available Inputs to the Services for your own use and for Meta’s use as described in these Terms. |
| 34 | You are responsible for your use of any responses generated from the Services (“ Outputs ”). | 44 | You are responsible for your use of any responses generated from the Services (“ Outputs ”) and any actions caused by the Outputs or otherwise taken on your behalf as a result of your use of the Services (“ Actions ”). |
| 35 | You acknowledge that Outputs may be inaccurate or inappropriate for your intended use cases, are not unique, and the Services may generate identical or similar Outputs for different users. | 45 | You acknowledge that Outputs and Actions may be inaccurate or inappropriate for your intended use cases, are not unique, and the Services may generate identical or similar outputs or actions for different users. |
| 36 | Subject to the restrictions in these terms, you agree that Meta may use the Content to provide the Services to you. | 46 | Outputs may include materials subject to third-party licenses, including open source licenses. |
| 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. | 47 | Subject to the restrictions in these Terms, you agree that Meta may use the Content to provide the Services to you. |
| 38 | Meta may use Usage Data to test, support, develop, evaluate, and improve the Meta Model API. 4.3 Retention . | 48 | 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 these 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 or other logs, timestamps, token counts, latency measurements, and operational metrics and telemetry. |
| 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. | 49 | Subject to restrictions in Section 5.1, Meta may use Usage Data to test, support, develop, evaluate, and improve the Meta Model API and other technologies, products and services. 4.3 Third-Party Features . |
| 40 | Paid Services. | 50 | Our Services may use or be used in connection with third-party materials, services, or integrations (collectively, “ Third-Party Features ”). |
| 41 | If you pay to use the Services (“ Paid Services ”), the following terms apply to you. 5.1 Processor Terms . | 51 | You acknowledge and agree that Third-Party Features are not Services and, accordingly, Meta is not responsible for any loss or damage that may arise from your use of any Third-Party Features, for which we make no representations or warranties. |
| 42 | If you are using Paid Services, Meta will process applicable data as described in the MGPT. | 52 | Your use of any Third-Party Features is at your own risk and subject to any terms, conditions, or policies (including privacy policies) applicable to such Third-Party Features. 4.4 Retention . |
| 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. | 53 | Meta will retain your Content and Usage Data as needed: (i) to provide the Services under these 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 these Terms; (iv) when our systems flag data for a potential policy violation; and (v) for security, safety, abuse, and policy review and improvements. 5. |
| 54 | Standard Services. | ||
| 55 | When you use Standard Services, the following terms apply: 5.1 Processor Terms . | ||
| 56 | When you use Standard Services, Meta will process applicable data as described in the MGPT. | ||
| 57 | 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 Standard Services to train Meta Models. | ||
| 48 | Unpaid Services. | 62 | Discounted 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 . | 63 | When you use Discounted Services, the following terms apply: 6.1 Content Use Terms . |
| 50 | Meta will process Content from Unpaid Services as described in these Terms and Privacy Policy . | 64 | Meta will process Content from Discounted 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. | 65 | You agree that Meta may use your Content 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. | 66 | Before using Content from Discounted Services to train artificial intelligence models, Meta takes steps designed to disassociate that Content from your Accounts and your Meta Model API key; however, (a) Meta may use Content for evaluation, safety, abuse, quality, and policy review without first applying those steps; and (b) you acknowledge and agree that, despite those steps, artificial intelligence models trained on your Content may produce outputs or take actions (including for third parties) that are similar or identical to your Content. |
| 53 | By using the Unpaid Services, you acknowledge and agree that your Content may be used by Meta for the above-described purposes. | 67 | By using the Discounted Services, you acknowledge and agree that your Content may be used by Meta for the above-described purposes. |
| 55 | You must not submit sensitive, confidential, or personal information to the Unpaid Services. | 69 | You must not submit sensitive, confidential, or personal information to the Discounted 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. | 70 | If you intend, or are required (including by contract), to keep information such as software code confidential, you must not submit that information to the Discounted Services. |
| 71 | In addition, 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. | ||
| 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. | 73 | Meta does not receive, determine, or route traffic based on location of your End Users, and the Discounted 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. | 74 | If your End Users are located in a jurisdiction that is excluded from eligibility for Discounted Services under the Meta Model API Model Designation and Geographic Use Policy , or if you otherwise require that Content not be used for training, you must use the Standard 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. | 75 | You are responsible for determining your End Users' locations, determining applicable legal requirements, and for selecting whether to use Standard Services or Discounted Services accordingly. 7. |
| 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. | 82 | If you provide any feedback, comments, or suggestions (“ Feedback ”) to Meta, whether directly or indirectly, Meta may freely use and disclose such Feedback for any purpose, without obligation or compensation to you. |
| 69 | Any Feedback will not be considered your Confidential Information and may be used or disclosed by Meta for any purpose. 10. | 84 | Any Feedback will not be considered your Confidential Information. 10. |
| 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. | 86 | Your use of the Services, including any Content or Actions, or to the extent integrated with any Integrated Products, must comply with (i) these 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. |
| 72 | Your use of the Services must comply with U.S., EU, UK, and UN sanctions and applicable export controls (“ Trade Controls ”). | 87 | Your use of the Services and Integrated Products must comply with U.S., EU, UK, and UN sanctions and applicable export controls (“ Trade Controls ”). |
| 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. | 88 | 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 or Integrated Products. |
| 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. | 90 | 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 these 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 any related systems or networks; (v) access, use, or make the Services, Outputs, Actions, or Integrated Products available in any country or geographic area not permitted by the Meta Model API Model Designation and Geographic Use Policy ; (vi) access or use the Services, Outputs, Actions, or Integrated Products, or allow others to access or use the Services, Outputs, Actions, or Integrated Products, in any manner prohibited by the Model API AUP; (vii) access or use the Services, Outputs, Actions, or Integrated Products 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, harnesses, code, resources, or intellectual property; (ix) use or facilitate the use of the Services (including by taking Actions), or the Outputs of the Services, to train, fine-tune, distill, or otherwise improve or create any artificial intelligence or machine learning model or other product or service that competes with Meta’s models or services, or systematically collect Outputs or other data to build training datasets for use in developing competing models or services, without Meta's prior written authorization. |
| 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 . | 91 | For the avoidance of doubt, using Services or 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, harnesses, algorithms, weights, systems, or source code of the Services, including through systematic querying, model extraction techniques, reverse engineering, 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, violate, hack, disable, or evade rate limits, usage quotas, content filters, access controls, or other technical safeguards or restrictions applied to the Services; (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; (xiv) copy or create any derivative works of any Downloadable Materials, sell, lease, publicly, display, publicly perform, redistribute, sublicense, or otherwise make available any Downloadable Materials to any third party, or modify any Downloadable Materials, including any modification enabling any Downloadable Materials to operate with any model or service not provided by Meta; or (xv) use or redistribute the Services or any portion thereof in any manner that would cause the Services (or any portion thereof) or Meta to become subject to the terms of any open source license or other restrictions. 10.2 Notification of breach . |
| 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. | 93 | Meta may (i) monitor, including through automated or manual (human) review, your use of the Services to assess compliance with these Terms and applicable laws; and (ii) remove, without notice to you, any Content that Meta determines to be in violation of these Terms. 11. |
| 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. | 95 | Meta may, at its sole discretion, add, change, or remove functionality, features, or other aspects of the Services (including the availability of certain Meta Materials 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. | 96 | Meta may also disable or change some features, functionality, or other aspects of the Services based on your location or other factors. |
| 97 | Meta may deliver manual or automatic updates, patches, or new versions to any installed Services, and your continued use of the Services is conditioned on your acceptance and application of such updates. 12. | ||
| 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 ”). | 104 | If you are using Standard 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 ”). |
| 94 | These Transaction Taxes will be separately itemized on your invoice. | 110 | These Transaction Taxes will be separately itemized on your invoice. 13.2 Billing and Payments . |
| 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 . | — | Removed |
| 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. | 138 | Unless Meta expressly states otherwise in your Accounts or in these Terms, use of the Services through promotional credits will be treated as Discounted 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. | 144 | As used herein, “ Term ” means the period of time that starts when you accept these Terms or the first day that you access or use the Services, whichever is earlier, and continues until your Account is deleted or these Terms are terminated. |
| 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. | 147 | You may terminate these Terms at any time, for any reason, by deleting your Account in accordance with the Supplemental Managed Accounts Terms and/or these Terms. |
| 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 . | 151 | Upon termination of these Terms for any reason: (i) you must immediately cease using the Services and destroy or return any cached or stored content, software, or other materials containing any Downloadable Materials; (ii) you may continue to use any Integrated Products you have created provided that those Integrated Products do not contain any Downloadable Materials and that you continue to comply with the obligations in these Terms that apply to your use of Integrated Products; and (iii) the following Sections will survive: 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19, 20, Exhibit A , and Exhibit B. 15.5 Modification . |
| 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. | 152 | We may modify these Terms from time to time, in which case we will update the “Last Updated” date at the top of these Terms. |
| 142 | TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, THE SERVICES, INCLUDING ANY OUTPUTS, ARE PROVIDED UNDER THESE TERMS ON AN “AS IS” BASIS, AND META DISCLAIMS ALL WARRANTIES OF ANY KIND, BOTH EXPRESS AND IMPLIED WITH RESPECT THERETO, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. | 157 | TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, THE SERVICES, INCLUDING ANY OUTPUTS, ARE PROVIDED UNDER THESE TERMS ON AN “AS IS” BASIS, AND META DISCLAIMS ALL WARRANTIES OF ANY KIND, BOTH EXPRESS AND IMPLIED, WITH RESPECT THERETO, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. |
| 143 | YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING THE SERVICES AND ANY OUTPUTS AND, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE SERVICES AND ANY OUTPUTS. | 158 | YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING THE SERVICES AND ANY OUTPUTS AND, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE SERVICES AND ANY OUTPUTS OR ACTIONS. |
| 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 . | 159 | 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. |
| 160 | META FURTHER MAKES NO REPRESENTATION OR WARRANTY REGARDING ANY ACTIONS TAKEN BY THE SERVICES OR ANY INTEGRATED PRODUCTS ON YOUR SYSTEMS OR ON YOUR BEHALF, WHETHER EXECUTED AUTOMATICALLY OR WITH MANUAL (HUMAN) REVIEW, INCLUDING THE EXECUTION OF CODE, RUNNING OF COMMANDS, OR PERFORMANCE OF FILE OPERATIONS, OR ANY RESULTS OR CONSEQUENCES THEREOF, INCLUDING WITHOUT LIMITATION SYSTEM OUTAGES, SOFTWARE DEFECTS, DATA LOSS, AND SECURITY VULNERABILITIES. 16.2 Your Warranties . | ||
| 149 | You will defend, indemnify, and hold harmless Meta (and its affiliates and each of their respective directors, officers, employees, agents, and representatives) from and against all third-party claims, costs, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or in connection with your (i) Integrated Products (except to the extent such claim arises solely from the Services); (ii) your Inputs; and (iii) your use of the Services in violation of the Terms. | 165 | You will defend, indemnify, and hold harmless Meta (and its affiliates and each of their respective directors, officers, employees, agents, and representatives) from and against all third-party claims, costs, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or in connection with (i) your Integrated Products (except to the extent such claim arises solely from Meta’s provision of the Services) (ii) your Inputs; or (iii) your use or distribution of the Services, Actions, or Meta Materials in violation of these Terms. |
| 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. | 168 | If you are using the Standard 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) that any of the following infringes any intellectual property rights owned by that third party: (i) your use of the Standard Services, (ii) Meta’s use of training data used to train the relevant Standard Services, or (iii) unmodified Outputs generated using the Standard Services; provided that, in each case, 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. |
| 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 . | 170 | 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, or Actions arising from the foregoing; (iv) your breach of these 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 Service, Output, or Integrated Product after receiving a rightsholder infringement notice; (viii) allegations of trademark infringement based on your use of Outputs in trade or commerce; or (ix) your use of unauthorized data to customize the Services or Meta Materials. 17.3 Meta’s Rights to License, Modify, or Terminate . |
| 155 | If Meta believes that any part of the Services may become the subject of any claim from a third party then Meta may, at its discretion: (i) procure, at Meta’s expense, the necessary consents and licenses for you to continue using the relevant part(s) of the Services in accordance with the Terms; (ii) replace or modify the relevant part(s) of the Services that are allegedly infringing; or (iii) terminate the Terms. | 171 | If Meta believes that any part of the Services may become the subject of any claim from a third party then Meta may, at its discretion: (i) procure, at Meta’s expense, the necessary consents and licenses for you to continue using the relevant part(s) of the Services in accordance with these Terms; (ii) replace or modify the relevant part(s) of the Services that are allegedly infringing; or (iii) terminate these Terms. |
| 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. | 173 | 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 META 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. |
| 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. | 175 | 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. |
| 168 | The Terms do not benefit and cannot be enforced by third parties. | 184 | These Terms do not benefit and cannot be enforced by third parties. |
| 174 | Exhibit A Disputes 1. | 190 | Exhibit A Disputes. 1. |
| 204 | Without prejudice to the foregoing, you agree that, in our sole discretion, we may also bring any Claim we have against you related to efforts to abuse, interfere, or engage with our Services in unauthorized ways in the country in which you reside that has jurisdiction over the Claim. 3. | 220 | Without prejudice to the foregoing, you agree that, in our sole discretion, we may also bring any Claim we have against you related to efforts to abuse, interfere, or engage with our Services in unauthorized ways in the country in which you reside that has jurisdiction over the Claim. |
| 205 | European Disputes . | 221 | Exhibit B Special Provisions for Consumers in the EU/UK. 1. |
| 206 | Nothing in this Exhibit A shall limit or restrict any rights and remedies you have under the DMA. | 222 | General . |
| 207 | Without prejudice to any other rights and remedies you may have under these Terms and applicable laws, if you are a “business user” of our online social networking core platform service(s), please see the alternative dispute settlement mechanism offered subject to Article 6(12) of the DMA. “Business user” is defined under Article 2 paragraph (21) of the Regulation (EU) 2022/1925 (the “ Digital Markets Act ” or “ DMA ”). | 223 | The provisions of this Exhibit B apply solely to users residing in the European Union (EU) or the United Kingdom (UK) who access or use the Services as a "Consumer". |
| 224 | "Consumer" means any natural person using the Services wholly or mainly for purposes outside that person's trade, business, craft or profession. | ||
| 225 | The provisions of this Exhibit B supplement and, to the extent of any conflict, override the main body of the Terms. 2. | ||
| 226 | Disputes . | ||
| 227 | Notwithstanding Exhibit A of the Terms, which shall not apply to Consumers, if a claim or dispute arises out of or relates to your use of the Services as a Consumer, both you and we agree that you may resolve your individual claim or dispute against us, and we may resolve our claim or dispute against you, in any competent court in the country of your habitual residence that has jurisdiction over your claim or dispute, and the laws of that country will apply without regard to conflict of law provisions. | ||
| 228 | For clarity, in the event that your habitual residence is in a Member State of the European Union, nothing in these Terms shall (i) limit or deprive you of the protection afforded to you by the mandatory laws of the country in which your habitual residence is situated, which shall remain unaffected, or (ii) limit your right to take action under your consumer rights relating to these Terms under the laws of the country in which your habitual residence is situated, which shall remain unaffected. 3. | ||
| 229 | Liability . | ||
| 230 | Nothing in the Terms shall exclude or limit our statutory liability, in particular for death, personal injury or fraudulent misrepresentation caused by our negligence, or to affect your statutory rights. | ||
| 231 | We will exercise professional diligence in providing our Services to you and in keeping a safe, secure and error-free environment. | ||
| 232 | Provided that we have acted with professional diligence, we do not accept responsibility for losses not caused by our breach of these Terms or otherwise by our acts; losses that are not reasonably foreseeable by you and us at the time of entering into these Terms; and events beyond our reasonable control. 4. | ||
| 233 | Warranty . | ||
| 234 | Nothing in the Terms shall exclude or limit your statutory warranty or remedy rights afforded to you by the mandatory laws of the country in which your habitual residence is situated. | ||
| 235 | In particular, in your role as Consumer, you are entitled to the statutory liability rights for defects of goods or digital products. 5. | ||
| 236 | Indemnification . | ||
| 237 | Notwithstanding Section 17.1 of the Terms, if you are a Consumer, your obligation to defend, indemnify, and hold harmless Meta and its affiliates shall only apply if and to the extent where you are or have been at fault. 6. | ||
| 238 | Payment . | ||
| 239 | The obligation under Section 13.2(iv) of the Terms to pay Meta's collection expenses, including reasonable attorneys' fees, and the specified rate of interest on past due amounts, shall not apply to you if you are a Consumer. | ||
| 240 | Any interest on past due amounts shall be governed by the statutory interest rate applicable to consumers in your country of habitual residence. 7. | ||
| 241 | Updating our Terms . | ||
| 242 | We work constantly to improve our services and develop new features to make our Services better for you and our community. | ||
| 243 | As a result, we may need to update the Terms from time to time to accurately reflect our services and practices to promote a safe and secure experience on our Services, and/or to comply with applicable law. | ||
| 244 | We will only make any changes if the provisions are no longer appropriate or if they are incomplete, and only if the changes are reasonable and take due account of your interests, or if the changes are required for safety and security purposes or to comply with applicable law. | ||
| 245 | We will notify you in accordance with the law of the country in which your habitual residence is situated and at least 30 days before we make changes to these Terms and give you an opportunity to review them before they go into effect, unless the changes are required by law. | ||
| 246 | Once any updated terms are in effect, you will be bound by them if you continue to access or use our Services. | ||
| 247 | We hope that you will continue using our Services, but if you do not agree to our updated Terms or wish to terminate your agreement to this contract, you can close your account at any time and you must also stop accessing or using our Services. 8. | ||
| 248 | Termination . | ||
| 249 | Meta may immediately terminate your access to the Services only: (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; (C) for repeated violations or a material violation of these Terms; or (D) for any other valid reason. | ||
| 250 | Nothing in the Terms shall exclude or limit your statutory right to extraordinary termination of these Terms for good cause. 9. | ||
| 251 | Contact Details . | ||
| 252 | You can contact Meta Platforms Ireland Limited by writing to: Meta Platforms Ireland Limited ATTN: Operations Merrion Road Dublin 4 D04 X2K5, Ireland You can contact Meta Platforms Inc by writing to: Meta Platforms Inc 1 Meta Way, Menlo Park, CA 94025, US 10. | ||
| 253 | Withdrawal Information and Declaration . | ||
| 254 | You have the right to withdraw from this contract within 14 days without giving any reason. | ||
| 255 | The withdrawal will expire after 14 days from the day of the conclusion of the contract. | ||
| 256 | To exercise the right of withdrawal, you must inform us, Meta Platforms Technologies Ireland Limited, ATTN: Operations, Merrion Road, Dublin 4, D04 X2K5, Ireland, of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post). | ||
| 257 | You may use the model withdrawal form below, but this is not obligatory. | ||
| 258 | To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. | ||
| 259 | Model Withdrawal Form (complete and return this form only if you wish to withdraw from the contract) To: Meta Platforms Technologies Ireland Limited, ATTN: Operations, Merrion Road, Dublin 4, D04 X2K5, Ireland I/we* hereby give notice that I/we* withdraw from my/our* contract of sale of the following goods*/for the provision of the following services*:___________________________________ Ordered on*/received on*:___________________________________ Name of consumer(s):___________________________________ Address of consumer(s):___________________________________ Signature of consumer(s) (only if this form is notified on paper): ___________________________________ Date: ___________________________________ *Delete as appropriate. [1] Note that all references to “withdrawal” and “withdraw” in this document should be read to refer to “cancellation” and “cancel”, respectively, for consumers who reside in the UK. | ||
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