Terms of Service

Last Updated: August 22, 2019

Welcome to the Comet.ml Terms of Service (“Terms”). Comet.ml is owned and operated by Comet ML Inc. (“Comet.ml”) Comet.ml enables data science teams and individuals to automagically track their datasets, code changes, experimentation history and production models creating efficiency, transparency, and reproducibility. You can use Comet.ml for deep learning, or any computational tasks you wish to record.

Please read these Terms carefully because they govern your use of our website, https://www.comet.ml/ (the “Site”) and the services and products available through the website. The Site and our products and services, including any of our data inspired features and APIs, are collectively called the “Services”. If you have any questions, contact us at hello@comet.ml.

Agreement to Terms
By accessing, installing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, it’s simple: do not use the Services.

Changes to Terms or Services
Subject to any Service Level Agreement to which We have expressly agreed with You, we may modify the Terms and our Services at any time, in our sole discretion. If we do so, we will notify you by posting on the Site. It’s important that you review the Terms whenever we modify them because continuing to use the Services after we have posted modified Terms on the Site indicates to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then please discontinue use of the Services immediately. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice to you, at our sole discretion. Notwithstanding the foregoing, these Terms shall apply unmodified for term identified in any order form signed by you for the Services (each an “Order Form”) until each renewal of the term whereupon any updated terms and conditions shall apply.

User Accounts
In order to access and use the Services, you will need to create a Comet.ml account (“Account”), or log in with your existing GitHub account. By creating an Account, or signing in via GitHub you represent to us that you are thirteen (13) years or older and are not barred from using the Services under applicable law. By submitting information to Comet.ml in the sign up process, you expressly authorize us to retain certain of that information on your behalf and permit us to store such information for the purpose of providing and improving the Services. If you log in via GitHub, please note that you are also subject to GitHub’s terms and conditions of service as it relates to the access to or use of your GitHub account.

You may not use the Services under the name of another person with the intent to impersonate that person, or use a username that is subject to rights of another person without appropriate authorization. You must be a human to use the Service and an automated account is not allowed. “Robot” (or automatic) activity is not allowed. We reserve the right to refuse your access to or use of the Services, in our sole discretion, if any information provided violates our Terms.

Payment Processing
Payment may be processed using third party payment processing systems. We do not disclose, sell, share, trade or give away your information to third parties, except as necessary to process transaction payments. Currently payments are made through Stripe Inc. (“Stripe”). As such, you are also subject to Stripe’s terms and conditions and privacy policies. We reserve the right to modify our payment methods, including accepting payments by other payment processors, should that become an available method of transacting for payment in the future. These Terms and our Privacy Policy shall be updated to reflect any changes in our payment processing.

Feedback
We welcome feedback, comments and suggestions for improvements to the Services. You can submit feedback by emailing us at support@comet.ml. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the feedback for any purpose.

Privacy
Your privacy is important to us. Please review our Privacy Policy for information about the data we may collect and use. Our Privacy Policy is incorporated in these Terms, and is available at www.comet.ml/privacy.

YOU AGREE THAT COMET.ML MAY MONITOR YOUR USE OF THE SITE TO ENSURE QUALITY, IMPROVE THE SERVICES, AND TO VERIFY YOUR COMPLIANCE WITH THE TERMS. You understand and agree that Comet.ml may track your movement on the Site and anonymize the data for the purposes of quality assurance, technical support, or Service improvements. By visiting the Site, and using the Services, you agree to the collection and use of such data.

Content
For purposes of these Terms: “User Content” means text, software code, algorithms, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise contributed by the Users, publicly or privately, through the Services.

You are responsible for the User Content that you post to the Services, including its legality, reliability, and appropriateness. You represent to Comet.ml that you have the necessary permissions, if any, to submit or generate User Content on the Site. Based on your subscription and settings, your User Content will be available either in public or private format for your teams viewing or by members of the Comet.ml community.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it; and (ii) by submitting Content, through the Services you do not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any other party.

Comet.ml does not claim any ownership rights in any User Content that you make available through the Services and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your own User Content. Notwithstanding the foregoing, for projects made public by the User, you hereby grant us a non-exclusive, royalty free, limited worldwide license to access and use the User Content in a non-identifiable manner to, without limitation, improve our services, make recommendations to you or other users, and/or to develop new features.

Comet.ml Content
Subject to your compliance with these Terms, Comet.ml grants you a limited, non-exclusive, non-transferable, non-sub licenseable license to access and view our Content (“Comet.ml Content”) solely in connection with your permitted use of the Services. For the purposes of these Terms, Comet.ml Content shall include all text, graphics, images, site and screen layouts, arrangements and themes, music, software, audio, video, works of authorship by us or our affiliates of any kind, and information or other materials that are posted or generated on the Services by Comet.ml or our affiliates.

You only have the right to view and access Comet.ml Content. At no time is any user permitted to: (i) transfer, sublicense, sell, lease, lend, rent or otherwise distribute Comet.ml Content or the Services to a third party; (ii) decompile, reverse-engineer, disassemble, or create derivative works of the Services or any Comet.ml Content; or (iii) use the Services or Comet.ml Content in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.

Intellectual Property
The Services contain material that may be protected by copyright, trademark and other proprietary rights, including, but not limited to, audio, video, graphic, photographic and text information and all Comet.ml Content. Comet.ml and any of its licensors exclusively own all right, title and interest in and to the Services and Comet.ml Content, including all associated intellectual property rights. You acknowledge that the Services and Comet.ml Content may be protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services and Comet.ml Content. Further, you may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works or in any way exploit any Comet.ml Content, in whole or in part. Any violation of these restrictions may result in intellectual property infringement that may subject you to civil and/or criminal penalties. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from a submission of information protected by intellectual property rights in a third party, if such submission is made without express permission of the intellectual property rights holder.

Consent
You agree to be identified as a customer of ours and you agree that we may refer to you by name, trade name and trademark, if applicable, and may briefly describe your business in our marketing materials and web site.

Third Party Resources
The Services may contain links to or advertisements of third-party websites (that are not affiliated with you or other users), and third party programs, including open source material (collectively “Third Party Resources”). We are not responsible for Third Party Resources on or available from third party sources, and you are subject to the terms, conditions and/or licenses of the applicable third party(ies) in connection with your access to, use of or reliance on Third Party Resources. You acknowledge sole responsibility for and assume all risk arising from your access, use or reliance on any Third Party Resources.

Indemnity
You agree to defend, indemnify and hold harmless Comet.ml and its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, or expenses (including but not limited to attorneys’ fees), to the extent allowed by applicable law, that arise from or are caused by: (i) your use of and access to the Services; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, moral or privacy right; or (iv) any claim that your Content caused damage to any third party. This section shall survive these Terms and your use and termination of the Services.

Fees and Payment Terms.
You will pay us the applicable fees (the “Fees”) for use of the Services as posted on our site or as described in an applicable Order Form. Monthly pricing may be charged annually in advance. We may change the Fee we charge for the Services at any time, unless otherwise provided in an Order Form. All Fees are exclusive of taxes and similar assessments. Customer is responsible for all sales, use and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on any amounts payable hereunder, other than any taxes imposed on our income. If credit has been extended to you by us, all payments are due within thirty (30) days after the invoice date, or as otherwise provided in an Order Form. Past due amounts will incur interest until paid at the lesser of: (a) 1.5% per month; and (b) the highest rate permitted by law. All amounts will be invoiced and paid in U.S. Dollars. You agree to reimburse us for all expenses, including reasonable attorneys’ fees, incurred in the collection of any overdue and unpaid invoices. The Startup payment plan is limited for companies which satisfy any of these:  up to $5 million in funding, up to 100 employees or up to 5 years since incorporation date.

Term and Termination
These terms shall apply for any agreed trial period, for the period paid, or for the term provided in an Order Form. If the term is provided in an Order Form, the term automatically renews for additional successive one-year periods (each a “Renewal Term”) unless earlier terminated as provided below or unless either party gives the other party written notice of non-renewal at least 30 days prior to the expiration of the then-current term. We may update fees for renewal year on written notice at any time at least thirty (30) days prior to the start thereof. We may terminate this Agreement, effective immediately if you: (i) fail to pay any amount when due hereunder or under any Order Form, and such failure continues for more than 10 days after our delivery of written notice thereof; or (ii) breach any of your obligations hereunder. Except to the extent that you have paid for the services and otherwise complied with these Terms we may refuse to extend to you use and access grants to the Services at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, indemnification, warranty disclaimers, limitations of liability, and dispute resolution provisions. You may terminate this Agreement at any time, provided you pay all fees due and owing, provided no fees paid in advance shall be refunded, and provided that any fees due for additional users under any Order Form are paid through the last day of the month during which this Agreement is terminated.

If you would like to terminate these Terms, you may do so by canceling your Account.

Warranty Disclaimers
YOU UNDERSTAND THAT THE SITE, SERVICES AND DOCUMENTATION HAVE NOT BEEN FULLY TESTED AND MAY CONTAIN DEFECTS. WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING ITS USE, PERFORMANCE, OPERATION, APPLICATIONS PORTABILITY BETWEEN SUBSEQUENT BETA VERSIONS AND FINAL VERSION OR SUPPORT. COMET.ML, WITHOUT LIMITATION, MAKES NO REPRESENTATIONS OR WARRANTIES OF TITLE, NONINFRINGEMENT, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE SITE AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

Additional Disclaimers
YOU ACKNOWLEDGE THAT COMET.ML HAS NOT: A) ALLOWED FULL PUBLIC ACCESS TO THE SERVICES; OR B) PROMISED OR GUARANTEED TO YOU THAT THE SITE AND SERVICES SHALL BE MADE AVAILABLE TO YOU OR ANY THIRD PARTY IN THE FUTURE. ACCORDINGLY, YOU ACKNOWLEDGE THAT COMET.ML MAY UNDERTAKE RESEARCH OR DEVELOPMENT TO IMPROVE THE SERVICES, AND YOUR CONTINUED USE OF THE SERVICES IS ENTIRELY OF YOUR OWN VOLITION. SPECIFICALLY, THE SERVICES MAY CONTAIN FEATURES, FUNCTIONALITY OR MODES THAT MAY NOT BE INCLUDED, AT COMET.ML’S SOLE DISCRETION, IN THE PRODUCTION (NON-BETA) VERSION OF THE SERVICES OR THAT MAY BE MARKETED SEPARATELY FOR ADDITIONAL FEES.

Limitation of Liability
YOU UNDERSTAND THAT THE PLATFORM IS PROVIDED “AS-IS”, WITHOUT CHARGE, FOR LIMITED EVALUATION PURPOSES AND IS IN BETA TESTING PHASE. NEITHER COMET.ML NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, MOBILE DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT (INCLUDING BUT NOT LIMITED TO LOSS OR UNCONSENTED TO DISCLOSURE OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE SERVICES TO OPERATE WITH ANY OTHER PROGRAMS), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMET.ML HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL COMET.ML’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE LESSER OF THE AMOUNTS YOU HAVE PAID TO COMET.ML FOR USE OF THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE CAUSE OF ACTION, OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO COMET.ML, AS APPLICABLE.

Force Majeure
We shall not be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by acts of God, flood, fire, explosion, war, terrorism, invasion, riot, other civil unrest, embargoes or blockades in effect on or after the date of this Agreement, or national or regional emergency, in each case, or any other such event that is outside our reasonable control.

Dispute Resolution
We prefer to resolve things amicably when possible; therefore, you agree to the following dispute resolution policy in connection with any potential claims or disputes arising from your use of the Services. Start by notifying us of your dispute by sending a notice to support@comet.ml.

Informal Negotiations: Parties to a dispute concerning this Agreement, the Privacy Policy, or the use of the Services will attempt to informally negotiate a potential settlement or resolution to the dispute;
Binding Arbitration: If for any reason arbitration is unsuccessful or unavailable to the parties, parties agree to submit to binding arbitration abiding by JAMS rules in the jurisdiction of the State of New York. Each of us is responsible for paying our own filing, administrative and arbitrator fees. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.
This Agreement and all related documents are governed by, and construed in accordance with, the laws of the State of New York, without regard to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of New York. The sole and exclusive jurisdiction and venue for any litigation arising out of this Agreement shall be federal or state court located in New York, NY, and the Parties irrevocably consent to the personal jurisdiction of such courts. Each party acknowledges and agrees that any controversy that may arise under this Agreement, including any exhibits, schedules, attachments, and appendices attached to this Agreement, is likely to involve complicated and difficult issues and, therefore, each party irrevocably and unconditionally waives any right it may have to a trial by jury in respect of any legal action arising out of or relating to this Agreement, including any exhibits, schedules, attachments, and appendices attached to this Agreement, or the transactions contemplated hereby.

Entire Agreement
These Terms (the “Agreement”) constitute the entire and exclusive understanding and agreement between Comet.ml and you, except as may be provided in any Order Form or other writing signed by the Parties. These Terms supersede and replace any and all prior oral or written understandings or agreements between us. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect.

Any notices or other communications provided by Comet.ml under these Terms, including those regarding modifications to these Terms, will be given by us by posting to the Services.

Comet.ml’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Comet.ml. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Questions & contact information
If you have any questions regarding these Terms, please email us at support@comet.ml.