API Terms

"AI Solution" has the meaning given in the Agreement, and if otherwise not defined, means Vercel's v0 product.

"API" means any application program interfaces and accompanying Documentation made available by Vercel. API includes the APIs for Vercel's AI Solution ("v0 API").

"API Data" means any data that you send to or receive from the API, including through any Application.

"Application" means any application that you develop that interacts with the Services through the API.

"Application Data" means any data, content, and other information collected, gathered, or used by your Application, including with respect to End Users.

"End User" means any users of your Application(s).

"Services" has the meaning given in the Agreement.

Subject to your compliance with the Agreement and these Terms, Vercel hereby grants you a non-exclusive, non-transferable, limited license (without the right to sublicense except as expressly permitted in these Terms), solely for the Term, to access and use the API solely for (a) your internal business purposes; or (b) if permitted by Vercel, the purposes of communicating with the Services to develop and maintain Applications.

Subject to your compliance with the Agreement and these Terms, Vercel grants you a non-exclusive, non-transferable, limited license (without the right to sublicense), solely for the Term, to copy and use API Data solely for (a) your internal business purposes in connection with your use of the Services as authorized by the Agreement; or (b) if permitted by Vercel, the purposes of making your Application available to End Users.

You must maintain a valid and active Vercel account in good standing during the Term. Your use of the API remains subject to the Agreement, including, for clarity and without limitation, the acceptable use provisions and usage restrictions therein. If Vercel grants you security keys, secrets, tokens, or other credentials to access the API ("API Keys"), you agree such API Keys are non-transferable and non-assignable and to keep such API Keys secret.

In addition to any usage restrictions in the Terms, Customer shall not, and shall not permit any third party to:

1. export, copy, modify, display, distribute, transfer or sublicense for use by, or assist any third party to resell, distribute, assign, or circumvent the Services' capacity restrictions through, the API, except to the extent expressly permitted by these Terms;

2. interfere with, bypass or disable any features or functionality that are embedded in or included with the API or access the API in any manner that (i) compromises, breaks or circumvents any of the technical processes and limitations or security measures associated with the Services; (ii) poses a security vulnerability to customers or users of the Services, or (iii) tests the vulnerability of our systems or networks;

3. access or use the API, or collect, store, transfer, sell, use, alter, or delete API Data, in violation of any law or regulation, these Terms, or Vercel's policies;

4. access or use the API, or in violation of any law or regulation, these Terms, or Vercel's policies;

5. attempt to use the API in a manner that constitutes excessive or abusive usage, circumvent any rate limits or restrictions or bypass any protective measures or safety mitigations of the API;

6. use any method to extract data, such as web scraping, web crawling, or data harvesting, from the API;

7. use the API or any API Data to conduct performance testing of the Services without Vercel's express written permission;

8. process API Data to develop, improve, or train artificial intelligence or machine learning applications or models; or

9. solicit or receive End User tokens or credentials from End User.

You acknowledge and agree that certain aspects of the API constitute or contain trade secrets of Vercel and its licensors. You must comply with all applicable trade laws, including sanctions and export control laws. You represent and warrant that you are not located in, and shall not use or permit the use of the API or API Data in or for the benefit of, or export, re-export, or transfer the API or API Data to (a) any U.S. embargoed country or territory or (b) any individual or entity with whom trade dealings are prohibited or restricted under applicable trade laws, without a license or other necessary governmental authorization.

You must maintain a valid and active subscription to the AI Solution to use and access the v0 API. For the avoidance of doubt, your use and access to the AI Solution, input, or output remains subject to your Agreement. Your use of and access to the v0 API and any associated API Data must comply with, and anyone who accesses the Services through an Application and your End Users are subject to, your Agreement for the AI Solution, Vercel's AI Policy, and the terms of any applicable third-party AI providers listed therein, (each of which are incorporated by reference).

To the extent that Vercel indemnifies you under the Agreement for the AI Solution, such obligation shall not extend to claims arising out of any Application.

Any Application that uses or incorporates the v0 API must disclose to End Users in advance that the Application uses artificial intelligence ("AI"), including in Your Terms (as defined below) and/or your privacy policy and your Application must comply with all applicable laws and regulations. Any use or incorporation of the v0 API without such disclosure, or otherwise in violation of this Section, shall be considered a material breach of this Agreement. You shall (a) reasonably test the use or incorporation of AI with various inputs to ensure that outputs do not violate these Terms; (b) provide a mechanism for End Users to report feedback to you related to errors, bugs, improper, or undesired outputs; (c) inform End Users of appropriate use cases, best practices, and limitation of AI used or incorporated in your Application; and (iv) not use API Data pertaining to any End User to train or fine tune your or any third party's AI models.

You agree not to use the v0 API or AI Solution to create, receive, maintain, transmit or otherwise process any information that includes or constitutes "Protected Health Information," as defined under the HIPAA Privacy Rule (45 C.F.R. Section 160.103).

You may sublicense the v0 API to End Users solely through your Application. Your Terms must bind End Users to all restrictions and obligations applicable to you under these API Terms, including any warranty disclaimers and limitations of liability on behalf of Vercel. You are solely responsible for all acts and omissions of your End Users and for ensuring their compliance with these Terms. In addition to any indemnity obligations in these Terms, will indemnify Vercel for any act or omission of your End Users or any downstream user accessing the v0 API through your Application.

You are solely responsible for your Application, including all security, development, support, and maintenance. You represent and warrant that: (a) you have all necessary rights to distribute and make your Application available, including complying with and maintaining any required third-party agreements; (b) your Application does not and will not violate, misappropriate, or infringe upon the intellectual property rights of any third party; (c) your Application complies with all applicable local, state, national, and international laws and regulations, including all applicable privacy laws and regulations; (d) you will use commercially reasonable efforts to protect Application Data from unauthorized access or use; and (e) your Applications do not and will not introduce to the API or API Data any malicious software.

If you make any Applications available to End Users, you must provide to End Users: (a) a separate terms of use directly governing your End User's use of your Application ("Your Terms"); and (b) a separate privacy policy that accurately discloses how your Application collects, uses, discloses, retains, and otherwise processes personal information and data and complies with applicable laws and regulations. You acknowledge and agree that Your Terms are solely between you and an End User. Vercel shall not be responsible, nor have any liability whatsoever, under Your Terms or privacy policy. You agree to use commercially reasonable efforts to provide prompt and comprehensive support to End Users and acknowledge and agree that Vercel has no obligations, responsibilities, or liabilities, including for support or technical assistance with respect to End Users.

You must comply with all data subject requests from End Users with respect to an End User's right to delete, access, or receive (i) any Application Data pertaining to that End User; and (ii) any metadata that was collected, transmitted, created, or received from that End User through your Application (together with that Application Data, "End User Data") in accordance with applicable law.  In the event you retain End User Data following the deletion or uninstallation of your Application by an End User, you must continue to maintain the End User Data according to Your Terms with the End User and continue to maintain industry standard security measures for that End User Data.

Fees. You will pay Vercel any applicable fees for the API in accordance with the respective API's pricing page, unless otherwise set forth in an Order Form. All payments for the API are final, non-refundable, and non-transferable, unless expressly authorized by Vercel in writing. Unless otherwise expressly stated by Vercel, unused capacity does not roll over to subsequent subscription terms.

Credits. You may prepay for API usage in advance ("Credits"). You acknowledge and agree that Credits may not be redeemable for all APIs or Vercel's Services; are not legal tender or currency; are not redeemable, refundable, or exchangeable for any sum of money or monetary value; may not be transferred, gifted, sold, or traded; have no equivalent value in and do not act as a substitute for fiat currency; and do not confer upon you any personal property right. Credits expire one (1) year from the date of purchase and do not roll over subsequent periods. If your access to or use of the API is suspended or terminated in accordance with these Terms, Vercel reserves the right to suspend or terminate your Credit balance, subject to applicable law.

Term. These Terms shall begin upon the date on which you first access and use any API or otherwise agree to these Terms and shall continue for so long as you continue to use any API or the Terms are otherwise terminated in accordance with the terms herein.

Termination or Suspension. You may terminate these Terms at any time by ceasing your use of the API. Vercel may change, suspend or discontinue the availability of an API, or the functioning of an API with the Services, at any time and without advance notice. Furthermore, Vercel may immediately terminate these Terms at any time in its sole discretion upon notice to you, provided that Vercel will refund to you, on a pro rata basis, any unused fees pre-paid for an API after such termination. Vercel will not be liable for any costs, expenses or damages you incur as a result of its termination of these Terms. Upon any termination of these Terms you will promptly cease all access to and use of an API. You understand and agree that upon termination of these Terms, or suspension or discontinuance of the availability of the API, the functionality of your Applications which integrate with the API may no longer work.