Key Facts
What is each party's total cumulative liability to the other capped at?
Each party's total cumulative liability to the other for any claim arising out of or relating to the Agreement is capped at the fees paid or payable to LangChain during the twelve months preceding the claim.
Is liability capped at the fees paid or payable to LangChain during the twelve months preceding the claim?
Each party's total cumulative liability to the other for any claim arising out of or relating to the Agreement is capped at the fees paid or payable to LangChain during the twelve months preceding the claim.
Who may access and use the LangSmith Platform?
LangChain requires that only authorized Users may access and use the LangSmith Platform, and the Customer is solely responsible for approving and maintaining access and for identifying and authenticating Users.
Who is solely responsible for approving and maintaining access and for identifying and authenticating Users?
LangChain requires that only authorized Users may access and use the LangSmith Platform, and the Customer is solely responsible for approving and maintaining access and for identifying and authenticating Users.
What must the Customer defend LangChain against?
LangChain requires the Customer to defend LangChain against any third-party claim to the extent that claim results from Customer Data when used by LangChain as authorized in the Agreement.
Who owns Customer Data and Customer Confidential Information?
LangChain establishes that Customer Data and Customer Confidential Information are and will remain owned exclusively by the Customer, the User, or their licensors, as applicable.
What liability will neither party nor its affiliates have under the Agreement?
LangChain establishes that neither party nor its affiliates will have any liability under the Agreement for lost profits, revenues, goodwill, or indirect, special, incidental, or consequential damages.
What must each party comply with in connection with providing and using the LangSmith Platform?
LangChain requires each party to comply with all applicable Export Control and Sanctions Laws and Regulations in connection with providing and using the LangSmith Platform.
Are all payment obligations non-cancelable except as expressly provided in the Agreement?
LangChain establishes that, except as expressly provided in the Agreement, all payment obligations are non-cancelable and fees paid are non-refundable.
Are fees paid non-refundable except as expressly provided in the Agreement?
LangChain establishes that, except as expressly provided in the Agreement, all payment obligations are non-cancelable and fees paid are non-refundable.
Summary
This document sets the rules for using LangChain's LangSmith Platform. LangChain will not use your data to train its AI products, and you keep ownership of your data — but you are responsible for managing who on your team has access. If something goes wrong, neither side can recover more than one year's worth of fees, and neither side can claim lost profits or business losses from the other.
Analysis
This Agreement establishes the terms under which Customers access and use the LangSmith Platform, setting out reciprocal intellectual property protections whereby LangChain retains exclusive ownership of the platform and its confidential information while Customers retain exclusive ownership of Customer Data and Customer Confidential Information. LangChain expressly prohibits using Customer Data to train, develop, or improve its products or large language models, and requires Customers to bear sole responsibility for authorizing and authenticating their Users. Liability is capped bilaterally at fees paid or payable in the twelve months preceding a claim, and consequential, indirect, and lost-profits damages are excluded for both parties. The Agreement imposes mutual export control and sanctions compliance obligations, establishes reciprocal indemnification duties tied to Customer Data use and platform patent infringement respectively, and fixes payment obligations as non-cancelable and non-refundable except where the Agreement expressly provides otherwise.
What this means for you
As a Customer, you retain exclusive ownership of your data, and LangChain is contractually prohibited from using that data to train or improve its AI products, including large language models. You bear sole responsibility for controlling which users are authorized to access the platform, so maintaining accurate user access lists is a direct obligation on you. Your financial recovery against LangChain for any claim is capped at the fees you paid in the preceding twelve months, and fees you have already paid are non-refundable except where the Agreement expressly says otherwise. LangChain may disable your or your users' access based on its reasonable determination that a security risk or adverse impact exists, which could interrupt your use of the platform.
2 important changes detected
3 versions captured · Last updated: June 2026
What changed
LangChain modified the title and scope of a data protection clause in its Terms of Service on June 4, 2026. The clause previously specified that data protection rules applied only when customers used the LangSmith Platform for 'Cloud or Hybrid Deployments'. The updated language removes the deployment-type qualifier, stating the Data Processing Addendum now applies whenever customers process Personal Data subject to applicable data protection laws, regardless of deployment method. This broadens when the DPA requirements become contractually binding.
Why this matters
The updated terms clarify that the Data Processing Addendum now applies whenever you process Personal Data using the LangSmith Platform, regardless of whether you use Cloud or Hybrid Deployments. Previously, the clause explicitly limited this protection to those two deployment types. The change broadens the scope of when data protection rules contractually bind the parties, which may provide clearer governance if you use other deployment methods.
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What changed
LangChain updated its Terms of Service on May 22, 2026 to clarify deployment options and data protection commitments. The company introduced a new 'Bring Your Own Cloud Deployment' (BYOC) option, redefined 'Hybrid Deployment' to specify that LangChain operates the control plane while customers operate the data plane, and explicitly extended its commitment not to use customer data for training to include 'large language models.' The disclaimer clause was also expanded to state the platform is not warranted to be 'accurate' or 'complete.' These changes affect how customers understand their deployment choices and what data protections apply.
Why this matters
The updated terms introduce a new deployment architecture option (BYOC) alongside existing Cloud and Hybrid options, giving customers more control over infrastructure placement. LangChain's explicit commitment to not use customer data for large language model training now has clear written language in the Terms, whereas the prior version only referenced 'products' generically. However, the expanded non-warranty clause now states the platform is not warranted to be 'accurate' or 'complete,' which broadens the disclaimers of liability. Customers should review which deployment option aligns with their infrastructure and compliance requirements.
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Archival ProvenanceSource & Archival Record
Last Captured
June 4, 2026 01:29 UTC
Capture Method
Automated scheduled archival capture
Document ID
CA-D-000804
Version ID
CA-V-003420
SHA-256
746536421de2b228192ab3641f2d2338717f2e08809c05631b58e42d4efcf096
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