[ARCHIVE] Snowflake AI Terms

This is an archived version of our Snowflake AI Terms dated August 23, 2024. View the current version here.

  1. Important Terms.
    1. These AI Terms are entered into by and between Snowflake and Customer as of the Effective Date and set forth the terms under which Snowflake makes Covered AI Features available for Customer’s use as an Optional Offering. These AI Terms amend and form part of the Customer Agreement.
    2. Covered AI Features are part of the Service governed by the Customer Agreement. Customer will be charged for use of Covered AI Features pursuant to the Consumption Table incorporated into the Customer Agreement by reference.
    3. By accessing and using Covered AI Features as an Optional Offering, Customer agrees that it will access and use Covered AI Features solely in accordance with the Customer Agreement, these AI Terms, the Acceptable Use Policy and the Documentation.
    4. In the event of any conflict between these AI Terms and the Customer Agreement, these AI Terms will control with respect to the subject matter herein.
  2. Definitions. The definitions in Section 7 (Definitions) below apply to these AI Terms. Unless otherwise indicated, capitalized terms used but not defined herein shall have the meaning given to them in the Customer Agreement.
  3. Customer Responsibilities; Restrictions on Use.
    1. Subject to Section 5 (Indemnification), Customer is responsible for (i) the lawfulness of all Inputs and (ii) all decisions, actions, or inactions arising from its use of the Covered AI Features, including, without limitation, ensuring such decisions, actions, or inactions comply with applicable laws, regulations, and other legal requirements related to data protection, intellectual property, and the use of artificial intelligence or machine learning.
    2. Customer acknowledges that Outputs may be inaccurate, inappropriate, inefficient, or biased. Customer will implement reasonable practices, including human oversight, to guard against Outputs being used in an unsuitable or unlawful way or in violation of the rights of others.
    3. Customer will not (and will not permit any third party to) use any Covered AI Features in violation of the Acceptable Use Policy located at https://www.snowflake.com/legal (or such successor URL as may be designated by Snowflake).
  4. Snowflake Commitments.
    1. Snowflake will not use Customer Data or Usage Data (including any Inputs or Outputs) to train, re-train or fine-tune any Model that Snowflake makes available to other Snowflake customers.
    2. Snowflake acknowledges and agrees that Customized Models developed using Customer Data are Customer Data.
  5. Indemnification. In addition to Snowflake’s indemnification obligations set forth in the Customer Agreement, Snowflake’s obligation to defend, indemnify and hold harmless Customer against third-party intellectual property claims under the Customer Agreement also applies to each Output of a Covered AI Feature, except to the extent any such claims are attributable to any of the following: (i) disablement, evasion, disruption, or interference with any content filters or other safety systems of the Service, by Customer or any third party while using Covered AI Features to generate such Output; (ii) any modification of such Output by Customer or any third party; (iii) any Input or actions taken by Customer intended to solicit Outputs that are likely to infringe or misappropriate any intellectual property right of a third party; (iv) insufficient rights in Customer Data or other Customer information that, when used by Customer in conjunction with the Covered AI Features, produced such Output; or (v) use or distribution of such Output by Customer in a manner that it knew, or should have reasonably been aware, would violate a third party’s trademark or related rights.
  6. General.
    1. The Parties agree that these AI Terms and the Customer Agreement are the complete agreement between the Parties with respect to generally available Covered AI Features and replace any prior oral and/or written communications between the Parties concerning Customer’s use of Covered AI Features. If Customer uses a third-party developed or hosted model to power a Covered AI Feature, Customer must also comply with any such third party’s license terms and/or acceptable use policy identified in the Documentation (collectively, “Third-Party Terms”). Except as amended by these AI Terms, the Customer Agreement remains unchanged and in full force and effect. Snowflake may update these AI Terms from time to time, with such updated version posted to https://www.snowflake.com/legal, or a successor website designated by Snowflake; provided, however, that, solely in connection with Covered AI Features that are available during the Subscription Term, no such update to the AI Terms shall materially diminish Snowflake’s obligations hereunder. Customer’s use of any Preview AI Features is outside the scope of these AI Terms and is subject to the separate preview terms between Customer and Snowflake, and if no such terms are in place, then Customer’s use of any Preview AI Features is subject to the Preview Terms of Service located at https://www.snowflake.com/legal (or such successor URL as may be designated by Snowflake).
    2. In addition to any of its other rights or remedies (including, without limitation, any termination rights) set forth in the Customer Agreement, Snowflake reserves the right to suspend the provision of the Covered AI Features to Customer if Snowflake reasonably determines that Customer is in breach of any Third-Party Terms.
  7. Definitions.
    1. “AI Terms” means these Snowflake AI Terms located at https://www.snowflake.com/legal/ (or such successor URL as may be designated by Snowflake).
    2. “Covered AI Features” means any generally available features listed on the “Snowflake AI Features” section of the Documentation.
    3. “Customer Agreement” means that separate written software-as-a-service or cloud agreement governing the Service, or if no such written agreement exists, the Snowflake Terms of Service located at https://www.snowflake.com/legal/ (or such successor URL as may be designated by Snowflake), together with all expressly incorporated addenda, policies, exhibits, attachments, Order Forms, and other terms incorporated by reference therein, as may be amended, entered by and between Customer and Snowflake.
    4. “Customized Model” means additional or updated parameters, or weights, developed within the Service in accordance with Customer’s instructions using Customer Data in connection with Models, via techniques such as, but not limited to, parameter efficient fine-tuning or full parameter fine-tuning.
    5. “Effective Date” means the date of Customer’s initial use of any generally available Covered AI Feature.
    6. “Input” means any natural language statement, SQL request, prompt, or other query that a User provides to the Service for use with a Covered AI Feature.
    7. “Model” means any artificial intelligence model powering a Covered AI Feature in the Service that is (i) developed, trained, or fine-tuned by Snowflake and/or (ii) licensed or acquired by Snowflake from any third party.
    8. “Optional Offering” has the meaning ascribed to such term in the Customer Agreement or, if such term is not defined in the Customer Agreement, means an optional feature, functionality, or other offering that Customer may use in connection with or as part of the Service, which may be subject to supplemental or separate terms.
    9. “Output” means any response or result from a Covered AI Feature provided to a Customer within the Service after processing an Input.
    10. “Party” means either Snowflake or Customer, as applicable.
    11. “Preview AI Features” means any private or public preview feature designated as a Preview AI Feature (or other similar designation) in the Documentation.