Hugging Face Terms of Service

Hugging Face · agreement dated September 15, 2022 · Official agreement

Read the agreement

39 of 75 cards in Legal Rights & Agreement Rules

Legal Rights & Agreement Rules · Context

Who the Terms bind and what documents make up the Agreement

The Terms are a binding agreement between Hugging Face, Inc. (a Delaware corporation) and the person or organization using or buying the Services, whether called a User or a Customer. The Agreement is not only this page: it also includes the Supplemental Terms, notices and policies available on the Hugging Face website, and any other binding document Hugging Face provides or that the user signs. Hugging Face is defined to include affiliates, contractors and others through whom it may perform its obligations, and a User is any individual, company or organization that accesses, receives or uses the Services.

Supporting quotations

these Terms of Service, together with our Supplemental Terms, notices and policies available at
and/or any other binding document that we provide and/or that you sign
these Terms are a binding agreement between us, Hugging Face, Inc. a Delaware corporation
whether you are a user
or a customer
They include these Terms, Supplemental Terms, notices and policies available at
which may perform its obligations through its affiliates, directors, subsidiaries, contractors, licensors, officers, agents and/or employees
the individual person, company or organization that accesses, receives, or uses the Services

Qualifications & exceptions

  • Applies to both individual users and customers (including companies and organizations).
  • The text does not list which 'notices and policies' are meant; the Supplemental Terms and other site policies are not part of this supplied source.

Not stated here

  • Exactly which website notices and policies are included in the Agreement is not enumerated here.

Legal Rights & Agreement Rules · Restriction or exception

Using or purchasing the Services counts as accepting all the Terms and policies

By accessing, using or purchasing the Services, a person consents to all of the Terms and policies. Anyone who disagrees with any of them is told not to access, use or purchase the Services.

Supporting quotations

By accessing, using or purchasing the Services, you consent to all of these Terms and policies.
if you do not agree with any of those, please do not access, use or purchase the Services.

Qualifications & exceptions

  • Consent is expressed through use or purchase; no separate signature or click step is described in this passage (the Execution clause later says electronic signatures have the same force as manual ones).

Not stated here

  • Which 'policies' are covered by this consent is not listed in this source.

Legal Rights & Agreement Rules · Company practice

Hugging Face can change the Terms; continued use after 10 days is acceptance

Hugging Face may change or update the Terms from time to time. Changes take effect 10 days after they are posted on the Website, and if a user keeps using the Services 10 days after posting, that is treated as accepting the changes.

Supporting quotations

We may change or update the Terms from time to time. Changes will be effective 10 days following posting on the Website. If you continue using the Services 10 days following such posting, that means you accept those changes.

Qualifications & exceptions

  • The only stated delivery of the change is posting on the Website; this passage does not describe emailing or other direct notice to users.
  • This 10-day rule is stated for the Terms; the Supplemental Terms are addressed separately and no equivalent period is stated for them in this passage.

Not stated here

  • Whether any direct notice is given to users when the Terms change is not stated.
  • Later provisions (Changes in law or regulation; Services may be modified or discontinued with or without notice) give separate change powers.

Legal Rights & Agreement Rules · Company practice

Service-specific Supplemental Terms may be posted and also apply

Hugging Face may also post and update Supplemental Terms for specific Services, and those Supplemental Terms apply to the user in addition to these Terms. The Supplemental Terms are a separate linked document that is not part of the text supplied here.

Supporting quotations

We may also post and update
for specific Services
such Supplemental Terms will also apply to you.

Qualifications & exceptions

  • Other sections say payment, termination and intellectual-property terms for certain Services may be set in the Supplemental Terms or other binding documents, and the Order of Precedence clause ranks Supplemental Terms above these Terms of Service if they conflict.

Not stated here

  • The content of the Supplemental Terms is not supplied and is not analyzed here.

Legal Rights & Agreement Rules · Context

Version shown: Terms effective September 15, 2022

The supplied page text states these Terms of Service were effective September 15, 2022. No later or announced future version is shown in this source.

Supporting quotations

Effective Date: September 15, 2022
the last date of signature of the Agreement, or any other binding document

Qualifications & exceptions

  • The Definitions section separately defines 'Effective Date' as the last date of signature of the Agreement or other binding document, which is a different use of the term from this page header.

Not stated here

  • Whether a newer version exists on the website is not shown in this source.

Legal Rights & Agreement Rules · Context

Other policies referenced but not supplied here

The Terms tell users to carefully review Hugging Face's other policies on the Website, including the Privacy Policy. The page navigation also lists Privacy Policy, Content Policy and Code of Conduct next to the Terms. None of those documents is part of the supplied source, so what they say about data use, content rules or conduct is not analyzed here.

Supporting quotations

You should also carefully review all of our other policies available on our Website, including our Privacy Policy.
Terms of ServicePrivacy PolicyContent PolicyCode of Conduct

Qualifications & exceptions

  • The navigation label list is page chrome; the Terms text itself names only the Privacy Policy and Supplemental Terms specifically.

Not stated here

  • Whether the Content Policy and Code of Conduct are among the 'policies' the Terms incorporate is not stated in this source.
  • Data collection, sharing, retention and rights are largely left to the unsupplied Privacy Policy.

Legal Rights & Agreement Rules · Context

Definitions: Agreement can include Order Forms, Scopes of Work and Master Services Agreements

'Agreement' or 'Terms' covers all terms and conditions that apply between Hugging Face and the user: these Terms, Supplemental Terms, website notices and policies, and any other binding document provided or signed, including an Order Form, Scope of Work or Master Services Agreement. An Order Form is the document Hugging Face shares with a Customer describing the quantity of services ordered and fees payable; additional Order Forms that the Parties negotiate and execute are incorporated into the Agreement.

Supporting quotations

all of the terms and conditions that apply between us. They include these Terms, Supplemental Terms, notices and policies available at
including but not limited to an Order Form, a Scope of Work or a Master Services Agreement.
describing the quantity of services ordered by the Customer and the fees payable for such services
Additional Order Forms may be negotiated between and executed by the Parties, and shall be incorporated into the Agreement.

Qualifications & exceptions

  • Order Forms, Scopes of Work and Master Services Agreements are relevant to customers with signed or negotiated documents; ordinary website users may never receive them.
  • Later clauses (Entire Agreement; Order of Precedence) say how these documents combine and which wins in a conflict.

Not stated here

  • 'Parties' and 'Scope of Work' are not separately defined in the supplied text.

Legal Rights & Agreement Rules · Company practice

Definition: Hugging Face may perform through affiliates, contractors and others

'Hugging Face' means Hugging Face Inc., and the definition says it may perform its obligations through its affiliates, directors, subsidiaries, contractors, licensors, officers, agents and/or employees. So obligations and rights described as Hugging Face's may be carried out by those other parties.

Supporting quotations

which may perform its obligations through its affiliates, directors, subsidiaries, contractors, licensors, officers, agents and/or employees

Qualifications & exceptions

  • The Subcontracting clause later says Hugging Face bears the same responsibility for subcontractors acting for it.

Not stated here

  • Which specific affiliates or contractors are involved is not stated.

Legal Rights & Agreement Rules · Restriction or exception

Definition: 'Services' and 'purchases' give a limited right to access and use, not ownership

'Services' means the products and services Hugging Face offers and that the user accesses, uses or purchases. They may include limited licenses or subscriptions to offerings such as Models, Datasets, the open-source libraries, Inference Providers, AutoTrain, Enterprise Support, Infinity or other Content. A 'purchase' or 'sale' is only a limited right to access and use a Service, not a transfer of ownership, title or interest.

Supporting quotations

Services may include limited licenses or subscriptions to access or use certain offerings in accordance with these Terms, including use of Models, Datasets, Hugging Face Open-Sources Libraries, the Inference Providers, AutoTrain, Enterprise Support, Infinity or other Content.
mean a limited right to access and use a Service (not a transfer or any ownership right, title, or interest) in accordance with these Terms

Qualifications & exceptions

  • Applies to every purchase or sale the Terms mention.

Legal Rights & Agreement Rules · Context

Definitions: Hub, Models, Datasets and Machine Learning Applications

The Hub is the hosting platform where Users build, benchmark, share, version and deploy Repositories, which may include Models, Datasets and Machine Learning Applications. A Model is a pre-trained machine learning model with algorithms and weights that can be run to make predictions. A Dataset is a structured collection of data samples used to train Models. A Machine Learning Application is a Hub repository that lets a User showcase machine learning experiments.

Supporting quotations

the hosting platform where Users can build, benchmark, share, version and deploy Repositories, which may include Models, Datasets and Machine Learning Applications
a pre-trained machine learning model including algorithms and weights, which can be run to make predictions
a structured collection of data samples used to train machine learning Models
a repository hosted on the Hub that allows a User to showcase Machine Learning experiments

Legal Rights & Agreement Rules · Context

Definition: 'Effective Date' means the last signature date

In the Definitions, 'Effective Date' means the last date of signature of the Agreement or any other binding document. This differs from the page header, which states the Terms of Service were effective September 15, 2022.

Supporting quotations

the last date of signature of the Agreement, or any other binding document

Qualifications & exceptions

  • Most users never sign a separate document, so this defined term may not correspond to a date for them.

Not stated here

  • How the defined 'Effective Date' applies to users who only accept by using the Services is not stated.

Legal Rights & Agreement Rules · Context

Services Hugging Face lists in the field of machine learning

Hugging Face lists its Services as: open-source libraries (Transformers, Datasets, Tokenizers); the public Hub (Models, Datasets and Machine Learning Applications accessible by all Users); the private Hub (only accessible by the user or their Organizations); Enterprise Support; the Infinity Service; the Hardware Partner Program; and Inference Endpoints (dedicated, autoscaling infrastructure). It also signals that more Services will be added.

Supporting quotations

We provide Services in the field of machine learning, here is the list:
Open-Source Libraries: including Transformers, Datasets and Tokenizers
Hugging Face public Hub: where you can build, benchmark, share, version and deploy Models, Datasets and Machine Learning Applications accessible by all Users
Hugging Face private Hub: where you can build, benchmark, share, version and deploy Models, Datasets and Machine Learning Applications, that are only accessible by You or your Organization(s)
Enterprise Support: get Premium Support on the use of our open source and all our services and/or products.
Infinity Service: deploy end-to-end optimized inference pipelines for state of the art Transformers Models.
Hardware Partner Program: access State of the Art hardware and hardware-specific machine learning optimization techniques for production performance.
Inference Endpoints: easily deploy machine learning models on dedicated, secure and autoscaling infrastructure
More awesome Services. Stay tuned!!

Qualifications & exceptions

  • The list is presented as the Services offered 'in the field of machine learning'; the Services definition elsewhere also includes Content and Inference Providers/AutoTrain.
  • Which Terms apply to a given Service may be set by its Supplemental Terms, which are not supplied here.

Not stated here

  • Terms for future 'More awesome Services' are not described.

Legal Rights & Agreement Rules · Restriction or exception

Users must follow the Terms, Supplemental Terms, site policies and applicable law

The user must use the Services in strict compliance with these Terms, the Supplemental Terms for each Service, all of Hugging Face's policies on its Website, and all applicable laws or regulations in the relevant jurisdictions.

Supporting quotations

You must use our Services in strict compliance with these Terms, the
for each Service, all of our policies available on our Website, and all applicable laws or regulations in the relevant jurisdiction(s).

Qualifications & exceptions

  • Compliance extends to the Website policies and Supplemental Terms, which are not supplied in this source.

Not stated here

  • The content of the Website policies and per-Service Supplemental Terms is unknown from this source.

Legal Rights & Agreement Rules · Company practice

Hugging Face may change, suspend or end Services at any time, with no liability

Hugging Face may at any time modify, suspend or discontinue the Services or any part, temporarily or permanently, with or without notice, and the user agrees Hugging Face is not liable to the user or any third party for doing so.

Supporting quotations

We may at any time modify, suspend, or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

Qualifications & exceptions

  • Stated without a notice period or reason requirement.
  • The Payment section says all fees are non-refundable, and this passage does not say whether prepaid fees are refunded if a paid Service is discontinued.

Not stated here

  • Whether a refund or credit applies when a paid Service is modified or discontinued is not stated in this source.

Legal Rights & Agreement Rules · Context

Service Term and termination causes may be set by Supplemental Terms or signed documents

For certain Services, the Service Term and causes for termination may be specified in the Supplemental Terms or in any other binding document signed between the parties, including an Order Form, Scope of Work or Master Service Agreement, which are fully incorporated into the Agreement. In a conflict, the Order of Precedence puts Order Forms, Scopes of Work and other signed documents above the Supplemental Terms, and the Supplemental Terms above these Terms of Service.

Supporting quotations

For certain Services, the Service Term and causes for termination may be specified in the Supplemental Terms and/or in any other binding document signed between us, including but not limited to an Order Form, a Scope of Work, or a Master Service Agreement, which are fully incorporated into the Agreement between us.
the order of precedence will be as follows, unless expressly stated otherwise: (i) the applicable Order Form if any; (ii) the applicable Scope of Work if any; (iii) any other binding document signed between us; (iv) the Supplemental Terms; (v) these Terms of Service

Qualifications & exceptions

  • Applies only to certain Services; the general cancellation and termination rules above apply otherwise.

Not stated here

  • The Supplemental Terms and any signed documents are not supplied; 'Service Term' is not otherwise defined in the supplied text.

Legal Rights & Agreement Rules · Context

Confidential Information means information about the Terms and pre-signing negotiations

The Confidentiality section treats as confidential all information relating to the Terms and/or exchanged during negotiations before any binding document is executed. Nothing in the definition mentions user Content or private Repositories; those are addressed in the Your Content section.

Supporting quotations

All information relating to these Terms and/or during negotiations before the execution of any binding document that we may share between us shall be treated as confidential

Qualifications & exceptions

  • The definition is framed around the Terms and negotiations and is tied to the parties' exchange of information 'between us'.

Not stated here

  • Whether information shared outside negotiations, such as ordinary account or usage information, is covered is not stated in this section.

Legal Rights & Agreement Rules · Company commitment

Confidentiality duties during the Service Term and at least one year after

During the Service Term and for at least one year afterward, 'we' expressly agree to keep Confidential Information strictly confidential and not disclose it to any third party unless the original disclosing party authorizes it in writing, to use it only to perform obligations or exercise rights under the Agreement, and to use at least a reasonable standard of care to protect it.

Supporting quotations

During the Service Term, and for at least one (1) year thereafter, we expressly agree (i) to maintain the strict confidentiality of such Confidential Information, and to refrain from disclosing such Confidential Information to any third party, except as authorized by the original disclosing party in writing; (ii) to use such Confidential Information only for the purposes of performing its obligations or exercising its rights under this Agreement; and (iii) to use at least a reasonable standard of care in protecting the Confidential Information.

Qualifications & exceptions

  • Later sentences speak of the 'receiving Party', the 'disclosing Party' and 'each of us', which suggests the duties are mutual, but this undertaking is phrased 'we expressly agree' and 'we' was defined at the start as Hugging Face.
  • The restrictions have six listed exceptions, carried in the next card.

Not stated here

  • Whether this undertaking binds the user as well as Hugging Face is not stated in the clause itself.
  • 'Service Term' is not defined in the supplied text, so the start and end of the period is unclear for ordinary users.

Legal Rights & Agreement Rules · Restriction or exception

Exceptions to confidentiality: independent, public, already known, consented or legally required information

The confidentiality restrictions do not apply to information that (i) the receiving party independently developed as shown by written records, (ii) was lawfully received free of restriction from another source with the right to provide it, (iii) became generally available to the public without breach by the receiving party, (iv) was already known to the receiving party free of restriction as evidenced by documentation, or (v) the disclosing party confirms in writing is free of the restrictions. They also do not apply to (vi) information required to be disclosed in a legal proceeding, on express request of a governmental or regulatory agency, or under a legal requirement, only as to that disclosure.

Supporting quotations

(i) which has been independently developed by the receiving Party, as evidenced by its written records, (ii) which has been lawfully received free of restriction from another source having the right to furnish such Confidential Information; or (iii) after it has become generally available to the public without breach of this section by the receiving Party
(iv) which at the time of disclosure was already known to the receiving Party, and free of restriction as evidenced by documentation in such
(v) which the disclosing Party confirms in writing is free of such restrictions; or, (vi) which is required to be disclosed in any legal proceeding, upon express request from a governmental or regulatory agency, and/or pursuant to a requirement of law (and only with respect to such disclosure).

Qualifications & exceptions

  • The legal-requirement exception is limited to the disclosure the law, agency request or proceeding requires.
  • Several exceptions require proof by written records or documentation.

Cross-references

Legal Rights & Agreement Rules · Restriction or exception

Confidential Information may be shared only with employees, agents or subcontractors who need it

Each party may disclose Confidential Information only to its employees, agents or subcontractors who need it to exercise rights or perform obligations under the Agreement and who are required to protect it at least as protectively as the Agreement requires.

Supporting quotations

Each of us may disclose Confidential Information only to our employees, agents or subcontractors who need it in order to exercise rights or perform obligations under the Agreement, and who are required to protect it against unauthorized disclosure or use in a manner no less protective than required under the Agreement.

Qualifications & exceptions

  • Phrased as applying to 'each of us', so this clause is mutual on its face.

Legal Rights & Agreement Rules · Restriction or exception

Services and Content are provided 'as is' with all warranties disclaimed

Hugging Face makes no warranties or representations about the Services. Except as expressly provided otherwise in the Terms, and to the fullest extent permitted by law, the Services and Content are provided 'as is' and 'as available'. It disclaims all warranties or guarantees of any kind, express or implied, including merchantability, non-infringement, quiet enjoyment and fitness for a particular purpose.

Supporting quotations

we make no warranties or representations about these Services.
except as expressly provided otherwise herein, and to the fullest extent permitted by law, the Services and Content are provided
We disclaim all warranties or guarantees of any kind, express or implied, whether arising under any law or from any usage in trade, or otherwise, including but not limited to the implied warranties of merchantability, non-infringement, quiet enjoyment, fitness for a particular purpose, or otherwise.

Qualifications & exceptions

  • Subject to the opening phrase 'except as expressly provided otherwise herein' and to applicable law: the text does not say which express commitments elsewhere (for example the reasonable-measures commitment for private Repositories) survive the disclaimer.
  • Covers Content as well as Services, and Content includes material from other users and third parties.

Not stated here

  • Which express provisions are meant by 'expressly provided otherwise herein' is not specified.

Cross-references

Legal Rights & Agreement Rules · Restriction or exception

No promise of accuracy, AI or Model quality, security, availability or error-free service

Hugging Face further disclaims warranties or guarantees about the accuracy, reliability or benefits of any Services, artificial intelligence, Models or other technology or Content. It also disclaims that the Services or Content will meet the user's requirements, be secure, be uninterrupted or available at any time or place, be error-free or virus-free, or have errors corrected.

Supporting quotations

We further disclaim all warranties or guarantees about the accuracy, reliability or benefits of any Services, artificial intelligence, Models or any other technology or Content, or that the Services or Content will meet your requirements, be secure, uninterrupted or available at any time or location, or error-free, viruses-free, or that any errors will be corrected, or otherwise.

Qualifications & exceptions

  • The disclaimer expressly names artificial intelligence and Models.
  • The disclaimer says the Services will not be warranted to be 'secure', while the private Repository section says Hugging Face will use reasonable and appropriate measures designed to protect private Content; the text does not reconcile the two beyond the 'except as expressly provided' wording.

Legal Rights & Agreement Rules · Restriction or exception

You are solely responsible for damage from using the Services or downloading Content

The user is solely responsible for any damage resulting from use of or access to the Services, downloading Content or data, or use of any other material provided by or through the Services.

Supporting quotations

You will be solely responsible for any damage resulting from your use of or access to the Services, your downloading of Content or data, or use of any other material provided by or through the Services.
You are solely responsible for the Content you post, publish, display or otherwise make available on our Website

Qualifications & exceptions

  • Consistent with the Your Content section, which makes the user solely responsible for the Content they post and for actions resulting from their use of the Services.
  • The liability limits and the indemnity in neighboring sections limit or add to this responsibility; this sentence does not state its own exceptions.

Not stated here

  • Whether this sentence is subject to the exceptions for fraud, gross negligence, recklessness or willful or criminal misconduct listed in the liability cap and indemnity sections is not stated here.

Legal Rights & Agreement Rules · Restriction or exception

New York law and New York City courts; try good-faith resolution first

The Terms and matters about their interpretation or enforcement are governed by New York State law, excluding its choice-of-law rules. If a dispute arises, both sides agree to make a reasonable good-faith effort to reach an out-of-court solution. If none is reached, any related action, lawsuit or proceeding must be brought exclusively in state or federal courts located in New York City.

Supporting quotations

These Terms and all matters regarding their interpretation and/or enforcement are governed by the Law of the State of New York, excluding its choice of law rules.
If a dispute or claim relating to these Terms arises, we each agree to make a reasonable and good faith effort to agree on an out-of-court solution and to resolve the dispute.
If no out-of-court settlement is reached, any related action, lawsuit, or proceeding must be brought and adjudicated exclusively by state or federal courts located in the city of New York, United States of America.

Qualifications & exceptions

  • No regional variations or country-specific addenda appear in the supplied text, so the New York choice is stated for all users as written.
  • No arbitration agreement or class-action waiver appears in this supplied text; that observation is local to this source and does not cover the unsupplied Supplemental Terms or signed documents.

Not stated here

  • How mandatory consumer protections of a user's home jurisdiction interact with this choice is not addressed in the text.

Legal Rights & Agreement Rules · Restriction or exception

Claims you bring must be filed within one year or are waived

Any claim, action, suit or proceeding relating to the Terms must be brought by the user within one year of the event that gave rise to the claim, or the claim is waived to the maximum extent permitted by law.

Supporting quotations

Any claim, action, suit or proceeding relating to these Terms must be brought by you within one year of the event that gave rise to the claim or such claim is hereby waived to the maximum extent permitted by law.

Qualifications & exceptions

  • Worded as claims brought 'by you'; the passage does not set the same deadline for Hugging Face.
  • Waiver applies only 'to the maximum extent permitted by law'.

Not stated here

  • Whether a different statutory period would override this limit depends on applicable law, which the Terms do not supply.

Legal Rights & Agreement Rules · Company practice

Hugging Face may assign the Terms without your consent; you may not assign without its consent

Hugging Face may assign or transfer all or part of its rights and obligations under the Terms to an affiliate, successor or any other entity or person without the user's prior written consent. The user may not assign or transfer their rights and obligations without Hugging Face's prior written consent.

Supporting quotations

We may assign or transfer all or part of our rights and obligations under these Terms to an affiliate, successor or any other entity or person without obtaining your prior written consent.
Conversely, you may not assign or transfer all or part of your rights and obligations under Terms without obtaining our prior written consent.

Qualifications & exceptions

  • The one-way consent requirement favors Hugging Face.

Not stated here

  • The Terms do not say whether the user would be notified of an assignment, or what happens to the user's data if the Terms are assigned.

Legal Rights & Agreement Rules · Company practice

Hugging Face may subcontract without telling you, and remains responsible for subcontractors

Hugging Face may subcontract all or part of its obligations at its own discretion and without notifying the user. It says it will bear the same degree of responsibility for the acts and omissions of subcontractors acting on its behalf as if it had performed them directly.

Supporting quotations

We may subcontract all or part of our obligations under these Terms at our own discretion, and without notifying you.
we will bear the same degree of responsibility for acts and omissions of the subcontractors acting on our behalf in the performance of their obligations under these Terms as they would bear if such acts and omissions were performed by us directly.

Qualifications & exceptions

  • The responsibility statement covers subcontractors performing obligations under the Terms; the liability cap and exclusions still apply to Hugging Face's own liability.

Not stated here

  • Which subcontractors are used, and what data they can access, is not stated.

Legal Rights & Agreement Rules · Company practice

A change in law lets Hugging Face suspend or cancel Services or amend the Terms

If a change in law or regulation would materially restrict or prohibit Hugging Face's ability to provide the Services under the Terms, Hugging Face may suspend or cancel the Services or otherwise amend the Terms.

Supporting quotations

If there is any change in law or regulation that would materially restrict or prohibit our ability to provide the Services pursuant to these Terms, we may suspend or cancel the Services, or otherwise amend these Terms.

Qualifications & exceptions

  • Separate from the general power to change the Terms on 10 days' posting, and from the power to modify or discontinue Services with or without notice.

Not stated here

  • No notice period or refund treatment is stated for suspension, cancellation or amendment on this ground.

Legal Rights & Agreement Rules · Restriction or exception

Use of the Services must comply with U.S. and other export control and sanctions laws

Services may be subject to export control and sanctions laws of the United States and other applicable jurisdictions, and the user may only access and use the Services in compliance with them.

Supporting quotations

Any Service provided pursuant to these Terms may be subject to export control and sanctions laws of the U.S. and/or other applicable jurisdictions.
you may only access and use the Service in compliance with U.S. and other applicable export control and sanctions laws and regulations.

Not stated here

  • The text does not list countries, entities or restricted items.

Legal Rights & Agreement Rules · Restriction or exception

Entire agreement includes the Website's terms, policies and notices; your own purchase forms are rejected

The Terms, together with all terms, policies and notices available on the Hugging Face website, other binding documents Hugging Face provides, and agreements it provides or executes, are the entire agreement and supersede earlier negotiations, proposals, commitments, writings, oral statements and understandings. A standard-form purchase order or similar document from the user, or referenced in a payment, is expressly rejected if it differs from or adds to the Terms.

Supporting quotations

These Terms, together with all of the terms, policies and notices available at
constitute the entire agreement between us, and supersedes all previous negotiations, proposals, commitments, writings, oral statement and understanding of any nature whatsoever.
Any standard form purchase order or similar document you provided us or reference in any payment is expressly rejected if it differs from, or adds to, these Terms.

Qualifications & exceptions

  • Because the Website's terms, policies and notices are included, the content of the entire agreement can change as those documents are updated and is not limited to this page.

Not stated here

  • The Supplemental Terms and other website policies are not supplied in this source.

Legal Rights & Agreement Rules · Context

If documents conflict: Order Form, Scope of Work, signed documents, Supplemental Terms, then these Terms

In a conflict between provisions in documents that make up the Agreement, the order of precedence is: (i) the applicable Order Form, (ii) the applicable Scope of Work, (iii) any other binding document signed between the parties, (iv) the Supplemental Terms, (v) these Terms of Service, and (vi) all other documents or policies incorporated by reference, unless expressly stated otherwise.

Supporting quotations

In the event of a conflict between provisions arising out of any documents included in the Agreement, the order of precedence will be as follows, unless expressly stated otherwise: (i) the applicable Order Form if any; (ii) the applicable Scope of Work if any; (iii) any other binding document signed between us; (iv) the Supplemental Terms; (v) these Terms of Service; (vi) all other documents or policies incorporated by reference in the Agreement.

Qualifications & exceptions

  • Supplemental Terms and signed documents outrank this Terms of Service page, so for a given Service they can change what these Terms say.
  • Policies on the Website, such as the Privacy Policy, rank last among incorporated documents under this list.

Not stated here

  • Whether a particular Order Form or Supplemental Terms provision actually conflicts with these Terms cannot be determined from the supplied text.

Cross-references

Legal Rights & Agreement Rules · Context

Severability and no waiver

If a provision is held prohibited, invalid or unenforceable in any relevant jurisdiction, it is stricken and the rest of the Terms remain in force. A failure to perform a term or exercise a right in one or more instances is not a waiver of future performance or future exercise of that right.

Supporting quotations

such provision will be stricken, and the remaining provisions of these Terms will remain in full force and effect.
The failure, in one or more instances, to perform any of the terms or conditions of these Terms, or to exercise any right hereunder, shall not be construed as a waiver of the future performance of any such terms or conditions, or the future exercise of such right

Legal Rights & Agreement Rules · Restriction or exception

Payment, confidentiality, liability limits, disclaimers, indemnities and dispute terms survive termination

Termination or expiration does not relieve anyone of obligations that arose before it, or that need to survive to give full effect to their meaning, including payment obligations, confidentiality obligations, limitation of liability, warranty disclaimers, indemnities, governing law and dispute resolution, the miscellaneous terms and definitions.

Supporting quotations

The termination or expiration of these Terms shall not relieve from any obligation (i) that may have arisen prior to such termination or expiration, or (ii) that needs to survive termination or expiration in order to give full effect to its meaning, including without limitation payment obligations, confidentiality obligations, limitation of liability, warranty disclaimers, indemnities, governing law and dispute resolution, miscellaneous, and definitions.

Qualifications & exceptions

  • Confidentiality duties have their own stated period of the Service Term plus at least one year.

Legal Rights & Agreement Rules · Restriction or exception

Each side warrants capacity and authority; electronic signatures count

Each party represents and warrants that it has the legal right and capacity to enter into and perform the Agreement, that whoever signs for it has authority to bind it, and that the Agreement is a valid and binding obligation. The user agrees that an electronic signature has the same force and effect as a manual signature.

Supporting quotations

Each Party represents and warrants that (i) it possesses the legal right and capacity to enter into, execute, deliver and perform the Agreement;
You agree that an electronic signature shall have the same force and effect as manual signatures.

Qualifications & exceptions

  • Read with the Organization account clause, where the user represents authority to bind their Organization.

Legal Rights & Agreement Rules · Company commitment

Hugging Face says it will provide the Services in accordance with its Privacy Policy

The Privacy section is a single commitment: Hugging Face will provide the Services in accordance with its Privacy Policy, which is linked from the Terms. The Terms themselves do not set out data practices here; other sections point to the Privacy Policy for the scope of the Content license, access to or sharing of private information, retention, and learning from usage data.

Supporting quotations

We will provide the Services in accordance with our Privacy Policy available at:

Qualifications & exceptions

  • The Privacy Policy is a separate document and is not part of the supplied source.

Not stated here

  • What personal data is collected, how it is used, shared or retained, and what rights users have depends on the Privacy Policy and is not analyzed here.

Legal Rights & Agreement Rules · Restriction or exception

Neither side is liable for indirect, consequential or similar damages

Neither Hugging Face nor the user (nor their affiliates, subsidiaries, contractors, licensors, officers, directors, agents or employees, defined as 'Related Parties') will be liable for indirect, incidental, consequential, punitive, special or similar damages, including loss of revenue, profits, data, benefits or savings, whether or not caused by fault or negligence and even if told such damages were possible.

Supporting quotations

Neither of us (or any of our affiliates, subsidiaries, contractors, licensors, officers, directors, agents, or employees (
will be liable for any indirect, incidental, consequential, punitive, special, or other similar damages, including loss of revenue, profits, data, benefits, or savings, whether or not due to the fault or negligence of the company or related parties, and regardless of whether either of us or our related parties have been advised of the possibility of such damages or losses.

Qualifications & exceptions

  • Stated as mutual ('Neither of us'); the 'Related Parties' list is introduced with 'our', and the text does not make clear whether it covers only Hugging Face's related parties or the user's as well.
  • The exceptions listed in the next paragraph are introduced as exceptions to 'this limitation'; this paragraph itself lists none.

Not stated here

  • Whether the exceptions for fraud, gross negligence, recklessness or willful or criminal misconduct also lift this damages exclusion, or only the monetary cap, is not clear from the wording.

Legal Rights & Agreement Rules · Restriction or exception

Liability cap: what you paid in the last 12 months, or $50 for a free service

Each party's and each Related Party's total liability to the other party or any third party is capped at the amount the user paid Hugging Face in the 12 months before the last claim, or $50 if the claim relates to a free service. The cap does not apply to (i) either party's liability from fraud, gross negligence, recklessness or willful or criminal misconduct, (ii) the user's liability for infringing Hugging Face's intellectual property rights, (iii) the user's liability for breaching the confidentiality section, or (iv) amounts the user owes for the Service under the payment obligations.

Supporting quotations

aggregate liability to the other Party or any third party in any circumstance will not exceed the amount that you paid us during the 12-month period immediately preceding the last claim (or $50 if relating to a free service).
This limitation will not apply to
liability from fraud, gross negligence, recklessness, or willful or criminal misconduct, (ii) your liability for infringement of our intellectual property rights, (iii) your liability for breach of the confidentiality section, or (iv) amounts you owe us for the service made available as per your payment obligations.

Qualifications & exceptions

  • Exception (i) applies to both sides; exceptions (ii) to (iv) are phrased only as the user's liability, so they widen the user's exposure but not Hugging Face's.
  • The cap is measured by what the user paid in the preceding 12 months; the $50 figure is stated for claims relating to a free service.

Not stated here

  • How the cap applies to a claim involving both free and paid services is not addressed.

Cross-references

Legal Rights & Agreement Rules · Restriction or exception

You must defend and indemnify Hugging Face for claims tied to your use of the Services

The user is solely and exclusively responsible for their use of the Services and agrees to indemnify, defend and hold harmless Hugging Face and its Related Parties from all claims, liability and expenses, including attorney's fees, arising out of or in connection with the user's use of (or inability to use) the Services. This includes the user's violation of the Terms or law, any Content or data the user posts or uses, and any other party's use of a Service with the user's credentials. The user is separately required to indemnify Hugging Face for taxes relating to their purchase or use, except taxes on Hugging Face's income. The indemnity does not apply to the extent a claim arises directly from Hugging Face's fraud, gross negligence, recklessness or willful or criminal misconduct.

Supporting quotations

You are solely and exclusively responsible for your use of the Services!
you agree to indemnify, defend and hold harmless us and Related Parties from all claims, liability, and expenses, including attorney's fees, arising out or in connection with your use of (or inability to use) the Services, including but not limited to your violation of these Terms, applicable law or regulation, any Content or data posted or used by you, or any other party's use of any Service with your credentials
unless arising directly from Hugging Face
fraud, gross negligence, recklessness, or willful or criminal misconduct, provided that we provide you with (i) a prompt written notice of the claim, demand, suit or proceeding, (ii) sole control of the defense and settlement of the claim, demand, suit or proceeding, and (iii) all reasonable assistance and cooperation in connection with the defense and settlement of the claim, at its own expense.
You will indemnify us for any taxes relating to your purchase or use of the Services, except for taxes relating to our income.

Qualifications & exceptions

  • Reaches claims connected with the user's 'inability to use' the Services, not just their use.
  • The conditions of notice, sole control of defense and cooperation are written as things 'we provide you with' and at 'its own expense', which does not read naturally for an indemnity owed by the user.

Not stated here

  • Which party must give the prompt written notice, hold sole control of defense and settlement, and provide cooperation is unclear as written, because the sentence says Hugging Face provides these to the user.
  • Whether the carve-out for Hugging Face's misconduct is limited to claims arising 'directly' from it, as the text says, is not elaborated.

Cross-references