Sahara Terms of Use - AI Marketplace
Last Modified:
June 25, 2025
Welcome to the Sahara AI Marketplace (the “Marketplace”) provided by Sahara Labs Ltd., and affiliates (collectively, “Sahara,” “we”, or “us”) hosted on our website at https://app.saharaai.com/marketplace/main along with our hosted applications, mobile or other downloadable applications and other services provided by us in the Marketplace (collectively the “Services”). These Terms of Service (the “Terms”) are a legally binding agreement between you (“you,” “your,” or the “User”) and Sahara regarding your use of our Services.
PLEASE READ THE FOLLOWING TERMS CAREFULLY: BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY, THESE TERMS OF SERVICE (“TERMS”) AND SAHARA’S PRIVACY POLICY. YOUR USE OF THE SERVICE IS EXPRESSLY CONDITIONED UPON YOUR COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS. IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THESE TERMS, THEN YOU DO NOT HAVE PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND SAHARA’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES A BINDING AGREEMENT.
ARBITRATION NOTICE. EXCEPT FOR CERTAIN KINDS OF DISPUTES DESCRIBED IN SECTION 19 (DISPUTE RESOLUTION; BINDING ARBITRATION), YOU AGREE THAT DISPUTES ARISING UNDER THESE TERMS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND BY ACCEPTING THESE TERMS, YOU AND SAHARA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
The Marketplace is a platform designed to empower Users to register, license, share and track usage of User contributed AI models, data sets, and agents.
By accessing, previewing or otherwise using our Services in any manner, you represent and warrant that: (a) you are the age of majority in the jurisdiction where you reside; (b) and have the capacity to create binding legal obligations for any liability you may incur because of the use of any of the Services; and (c) you have not been previously suspended or removed from the Marketplace; and (d) your use of the Services is in compliance with any and all applicable laws or regulations. If you are entity, organization or company, you represent that as the individual accepting these Terms, you represent and warrant that you have the necessary legal authority to bind your entity, organization or company to these Terms and agree to be bound to these Terms as well.
Passwords and Security. To fully take advantage of the features provided by the Marketplace, you must register for a Marketplace account (“Account”). When you register for an Account, you may be required to provide us with some information about yourself, such as your name, username, email address, other contact information, digital wallet information, etc. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your Account and password, and you accept responsibility for all activities that occur under your Account. If you believe that your Account is no longer secure, then you should immediately notify us at team@saharalabs.ai.
We reserve the right to terminate your account if we believe that you have violated any of the terms outlined in these Terms. In the event of account termination, you will be notified via email.
The Marketplace and Services, and each of their respective components, are the copyrighted property of Sahara. Portions of the content found on the Marketplace may be owned by affiliates, subsidiaries, third-party providers and distributors of Sahara and is the copyrighted work of the respective third-party providers. None of the content or data found on any of the Marketplace may be reproduced, republished, distributed, sold, transferred, or modified without the express written permission of Sahara and its third-party providers and distributors in each instance. In addition, the trademarks, logos and service marks displayed on the Marketplace (collectively, the “Trademarks”) are the registered and common-law trademarks of Sahara, its affiliates, subsidiaries and various third parties. Nothing contained in the Marketplace should be construed as granting, by implication, estoppel, or otherwise, any license or right to use, modify or display any of the Trademarks without the express written permission of Sahara or such other party that may own the Trademark.
BY USING OUR SERVICES, YOU AGREE TO THE FOLLOWING:
Prohibited Uses and Conduct: You may only use our Services for the purposes contemplated in these Terms and not for any other purposes. Our website or any content provided in the Marketplace may not be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed without the express written permission of Sahara, except that you may download, display and print one copy of the materials presented in the Marketplace on a single computer for your personal, non-commercial use only. “Deep-linking,” “embedding” or using analogous technology is strictly prohibited unless specifically authorized in writing. You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the Marketplace, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you may not use any robot, spider, other automatic device, or manual process to monitor, copy or scrape any of our web pages or the content contained herein, without the prior express written consent from an authorized executive of Sahara (such consent is deemed given for standard search engine technology employed by internet search websites to direct internet users to our website).
Unlawful Activity: Unauthorized use of Services and any of the materials contained in the Marketplace may violate applicable copyright, trademark or other intellectual property laws or other local, state, national or international laws (collectively, the “IP Laws”). You may not use our Services for any illegal purpose or in violation of such IP Laws or encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right.
Third-Party Websites: Sahara may provide links from the Marketplace to other websites for your information and convenience. Sahara does not assume any responsibility or liability with respect to any website linked from the Marketplace (or any website linking to any of our website), including its content and operation. Sahara does not review or monitor such links. A link from any of our website to another website (or a link from another website to any of the Marketplace) does not constitute a referral, endorsement, approval, advertising, offer or solicitation with respect to such website, its contents, or any products or services advertised or distributed through that website. While the Marketplace may contain “links” to other sites, we are not responsible for the content or the privacy practices employed by other sites.
USER CONTRIBUTED CONTENT
Ownership. Certain features of the Services may permit you to register, offer, and/or license rights to certain data sets for use to train AI models; to offer and contract for services to label datasets (for easier ingestion into AI models); register, offer, and license rights to AI models and agent; and similar activities (collectively, the “User Contributed Content”). You retain any copyright and/or other proprietary rights that you may hold in the User Contributed Content as provided by the applicable law or regulation.
Grant of License. By uploading, creating, or otherwise exploiting (“Post,” or “Posting”) any User Contributed Content to the Services, you grant Sahara, a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, publicly display, communicate to the public, reproduce, modify for the purpose of formatting for display, and distribute your User Contributed Content, in whole or in part, in any media formats and through any media channels, in each instance whether now known or hereafter developed. You agree to pay all monies owing to any person or entity resulting from the Posting of your User Contributed Content and from Sahara’s exercise of the license set forth in this Section 6 (User Contributed Content). You further agree that your User Contributed Content may be viewed by other Users, and you hereby grant each User a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, display, publish, reproduce, distribute, and make derivative works of that User Contributed Content through the Service, unless a another license is specified by you on your page for your User Contributed Content.
Open Source. When User Contributed Content contains notice of a reasonable and customary license, (such as an open source license) such User Contributed Content is intended to remain under the terms of such license when further accessed, distributed, or used. Neither the User nor Sahara is permitted to remove reference to any such license. Certain items provided with the Services may be subject to "open source" or "creative commons" or other similar licenses (collectively, "Open Source"). The Open Source license terms are not intended to be replaced or overridden by the license and other terms of these Terms; however, the limitations of liabilities, disclaimers, and this provision apply to any such Open Source. Nothing in these Terms limit your rights under, or grants you rights that supersede, the terms and conditions of any applicable Open Source license.
DISCLAIMER OF USER CONTRIBUTED CONTENT. You understand Sahara will not in any way be liable or responsible for your User Contributed Content. To the extent allowed by applicable law, Sahara, may, however, remove, edit, modify, screen, or block any User Contributed Content that in Sahara’s sole discretion, is alleged to or actually violates the rights of a third party, these Terms, or is otherwise objectionable. You also understand that from using our Services, you will be exposed to User Contributed Content from a variety of different sources, which may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable rights or remedy you may have against Sahara with respect to User Contributed Content.
User Contributed Content Representations and Warranties. You hereby represent and warrant that you will not Post any User Contributed Content in which you are not the rightful owner of or are not fully authorized to grant all copyright interests as contemplated under these Terms. You represent and warrant that you are solely responsible for any User Contributed Content that you create and the consequences of any such User Contributed Content. By Posting User Contributed Content via the Services, you affirm, understand, represent and warrant to us that:
you have all legal rights to disclose the User Contributed Content to Sahara and other User including any required consents and disclosures and by Posting to the Services, are not in violation of any applicable data protection or data privacy laws;
you are the creator and rightful owner of the User Contributed Content, or have the necessary licenses, rights, consents, and permissions to authorize Sahara and other Marketplace Users in the manner contemplated by Sahara, the Service, and these Terms;
your User Contributed Content, and the Posting or other use of your User Contributed Content as contemplated by these Terms, does not and will not:
include any information that identifies, authenticates, relates to, distinguishes, describes, is capable of being associated with or identifying, or could reasonably be linked, directly or indirectly, with a particular individual, consumer, device, or household, including, without limitation, any inferences drawn therefrom including “personal information” or “personal data” as those terms are defined under privacy laws. Such data includes but is not limited to: names, email addresses, device identifiers, IP addresses, government IDs, tax IDs, precise geolocation, health related data, financial information, protected characteristics, etc.
infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right;
slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or
cause Sahara to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and
your User Contributed Content could not be deemed by a reasonable person to be objectionable, profane, indecent, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
AS PERMITTED BY APPLICABLE LAW, THE SERVICES AND MARKETPLACE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS AND YOUR ACCESS TO AND USE OF THE SERVICES ARE AT YOUR SOLE RISK. Therefore, to the fullest extent permissible by applicable law, Sahara and its direct and indirect parents, subsidiaries, affiliates and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, the “Sahara Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, in connection with, or otherwise directly or indirectly related to, the Services (including any User Contributed Content).
EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A SAHARA PARTY, AS PERMITTED BY APPLICABLE LAW, SAHARA PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY SAHARA PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY SAHARA PROJECT PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) SAHARA’S LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY SAHARA PARTIES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST SAHARA PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.
By using the Services, you hereby confirm that you have read, understood and agree to the data practices described in our Privacy Policy.
In certain circumstances, we may request your Feedback on our Services or the Marketplace. “Feedback” means all comments, general ideas, concepts, know-how, feedback, product reviews, suggestions, photos, e-mail and similar information or materials that you submit to Sahara regarding the Services available to you via the Marketplace. Feedback will not be confidential and will become the property of Sahara upon submission to Sahara. By providing any Feedback, you agree to assign to Sahara, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Feedback. You represent and warrant that any Submission you provide to Sahara will be complete and accurate. You acknowledge that you are responsible for the Feedback that you provide, and that you, not Sahara, have full responsibility for the Feedback, including their legality, reliability, appropriateness, originality and copyright.
Except as expressly stated and agreed upon in advance by Sahara, no confidential relationship shall be established if any user of any of our website should make any oral, written or electronic communication to Sahara (such as feedback, questions, comments, suggestions, ideas, etc.). If any Sahara Site requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number), Sahara shall obtain, use and maintain it in a manner consistent with our Privacy Policy. Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and Sahara shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. The sender of any information to Sahara is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person’s proprietary or privacy rights.
AS PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY SAHARA PROJECT PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES, for any indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages of any kind, including without limitation loss of profits, in connection with, or otherwise directly or indirectly related to the Service (including the Content and the User Contributed Content), including without limitation:
your use of or inability to use the Services, or the performance of the Services;
any action taken in connection with an investigation by Sahara Parties or law enforcement authorities regarding your access to or use of the Service;
any action taken in connection with copyright or other intellectual property owners or other rights owners;
any errors or omissions in the Service’s technical operation or security or any compromise or loss of your user-generated content or other data or information; or
any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.
As permitted by applicable Law, the foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if Sahara Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Service).
EXCEPT AS MAY BE PROVIDED IN ANY APPLICABLE ADDITIONAL TERMS, AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SAHARA’S TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICES AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID SAHARA IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A COURT OR TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE. FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY THAT IS PROVIDED BY SAHARA OR A MANUFACTURER OF A PHYSICAL PRODUCT.
AS PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICES OR THE MARKETPLACE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, USER CONTRIBUTED CONTENT, SERVICES, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY SAHARA (INCLUDING YOUR LICENSED USER CONTRIBUTED CONTENT) OR A LICENSOR OF SAHARA. HOWEVER, SUCH SHALL NOT LIMIT YOUR ABILITY TO SEEK OTHER EQUITABLE RELIEF, SUBJECT TO THESE TERMS AND ANY APPLICABLE ADDITIONAL TERMS.
As permitted by applicable law, you agree to, and you hereby, defend (if we request), indemnify, and hold Sahara harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against Sahara Parties on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your User Contributed Content; (ii) your use of the Services and your activities in connection with the Services; (iii) your breach or alleged breach of these Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Services or your activities in connection with the Services; (v) information or material transmitted through your device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) Sahara’s use of the information that you submit to us (including your User Contributed Content) subject to our Privacy Policy and applicable Terms (“Claims and Losses”). You will cooperate as fully required by Sahara in the defense of any Claim and Losses. Notwithstanding the foregoing, the Sahara Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. The Sahara Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Sahara Parties. This Section 15 (Indemnification) is not intended to limit any causes of action against us that you may have that are not waivable under applicable Law.
Your use of any of our website is independent of Sahara, and not as an employee, agent, partner, or joint venturer with Sahara for any purpose.
PLEASE READ THIS SECTION CAREFULLY AS IT APPLIES TO YOU ONLY TO THE EXTENT YOUR USUAL PLACE OF RESIDENCE PERMITS BINDING ARBITRATION IN CONTRACTS BETWEEN PARTIES AND MAY AFFECT RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT, USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, AND DISCOVERY IS MORE LIMITED. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THESE TERMS.
This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to these Terms, your use of the Services, and your relationship with us. Any dispute or claim arising out of or relating to these Terms, including issues of validity, termination, and/or arbitrability, as well as use of the Services and your relationship with Sahara or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration.
For all disputes, whether pursued in court or arbitration, you must first send a letter (by first class or registered mail) with a written description of your claim to our Legal department Attn: Legal Dept., at at P.O. Box 144, 3119 9 Forum Lane, Camana Bay, George Town, Grand Cayman, Cayman Islands, KY1-9006 to allow us an opportunity to resolve the dispute (“Claim Notice”). You and Sahara each agree to negotiate your claim in good faith. Both you and Sahara agree that the dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party. You may request arbitration if your claim or dispute cannot be resolved within 60 days from the date we receive the Claim Notice.
To the extent you cannot resolve any dispute through the informal dispute resolution procedure described above, a dispute shall be resolved through binding individual arbitration. You agree that the arbitration of any dispute or claim shall be conducted in accordance with the Commercial Rules of the American Arbitration Association ("AAA"), as modified by these Terms. The AAA Rules and information about arbitration and fees are available online at www.adr.org or by calling the AAA at (800) 778-7879. You and Sahara agree that these Terms evidence a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and will not be governed by state law. The seat, or legal place, of any arbitration will be in the Cayman Islands, but hearings may be held in a reasonably convenient location in the jurisdiction in which you reside or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce these Terms as a court would. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.
ii. Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by AAA Rules. Each party will bear the filing fees, fees and expense of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration. However, for claims under $10,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, bad faith or with an improper purpose, we agree not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law.
You may only bring claims in your individual capacity and on your own behalf, and no claims you bring may be joined or consolidated with any claims brought by any other party, without the written consent of all parties, regardless of venue. You further understand that by agreeing to these Terms, you expressly waive your right to a jury trial, to participate in or bring class, collective, or mass action, private attorney general action, or any other proceeding brought against us by someone else.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL ANY SAHARA PARTIES BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OR DAMAGES, for any SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, LOST PROFITS, OR CONSEQUENTIAL DAMAGES, LOSSES, FEES, CHARGES, EXPENSES, OR LIABILITIES or damages of any kind, including without limitation loss of profits, in connection with, or otherwise directly or indirectly related to the operation of, or your access and use of the Services (including the Content), including without limitation:
your use of or inability to use the Services, or the performance of the Services;
any action taken in connection with an investigation by Sahara or law enforcement authorities regarding your access to or use of the Services;
any action taken in connection with copyright or other intellectual property owners or other rights owners;
any errors or omissions in the Services’s technical operation or security or any compromise or loss of your data or information; or
any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.
As permitted by applicable law, the foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if Sahara were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Services).
AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SAHARA’S TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID SAHARA IN THE PAST TWELVE (12) MONTHS, IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A COURT OR TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE. FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY THAT IS PROVIDED BY A MANUFACTURER OF A PHYSICAL PRODUCT.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE ABOVE LIMITATIONS AND EXCLUSIONS TO LIABILITY APPLY REGARDLESS OF THE TYPE OF DAMAGES OR CLAIMS, INCLUDING, WITHOUT LIMITATION, DAMAGES OR CLAIMS RELATED TO (I) PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE, OR LOSS OF DATA; OR (II) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR (III) ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO YOUR RECORDS, PROGRAMS, OR SERVICES, OR (IV) OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE. YOU AGREE THAT THIS LIMITATION APPLIES EVEN IF SAHARA, ITS AFFILIATES, ANY LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES OR PROVIDES A LINK TO THE WEBSITE IS NEGLIGENT OR HAS BEEN ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF SUCH DAMAGES, LOSSES, FEES, CHARGES, EXPENSES, OR LIABILITIES.
NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (I) SAHARA’S LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY SAHARA PARTIES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (II) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST SAHARA PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.
THE PARTIES AGREE THAT THE EXCLUSIONS OF REMEDIES AND LIMITATIONS SPECIFIED IN THIS SECTION ARE ESSENTIAL TERMS, WITHOUT WHICH THE SERVICES WOULD NOT BE OFFERED, ARE A REASONABLE ALLOCATION OF RISK AND APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE EXTENT THE ABOVE LIMITATION OF LIABILITY IS RESTRICTED UNDER LAW, THE ABOVE LIMITATION SHALL BE APPLIED TO THE MAXIMUM EXTENT PERMITTED UNDER SUCH LAW.
Software related to or made available by the Services may be subject to export controls of the U.S.A. that prohibit software from the Service from being downloaded, exported, or re-exported (a) into (or to a national or resident of) any country or other jurisdiction to which the U.S.A. has embargoed (e.g. Cuba, North Korea, Iran, Sudan, and Syria), or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, or (c) to anyone on the U.S. Department of Commerce’s Bureau of Industry and Security Entities List as published in the Export Administration Regulations. You are responsible for complying with all applicable trade regulations and laws both foreign and domestic. Except as authorized by U.S law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions, including, without limitation, as set forth in subsections (a) – (c) above.
If any provision of these Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms (which will remain in full force and effect). To the extent not prohibited by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in these Terms or any applicable Additional Terms, the word will be deemed to mean “including, without limitation.” The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms.
This Agreement and its performance shall be governed by the laws of the Cayman Islands, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the courts located in Cayman Islands, in all questions and controversies arising out of your use of any of our website and this Agreement. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms must be filed within one (1) year after such claim or cause of action arises or will be forever barred.
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder unless approved in writing by Sahara.
Your rights under these Terms will automatically terminate without notice if you fail to comply with any of its terms. In case of such termination, Sahara may immediately revoke your access to Sahara’s sites. Sahara’s failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of its rights.
Sahara may at any time modify these Terms in our discretion without notice. Your use of any of our website will be conditioned upon the Terms posted on our site at the time of your use. Please be sure to review our Privacy Policy before proceeding to use our Services.
Additional terms and conditions may apply to purchases User Contributed Content and other uses of portions of any of the Marketplace, and you agree to abide by such other terms and conditions. These Terms, in the form posted at the time of your use Services to which it applies, shall govern such use (including transactions entered during such use). AS OUR SERVICES EVOLVE, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE SERVICES MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING THE SERVICES UNDER THE TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SERVICES YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF NEW TERMS BY POSTING THEM ON THE MARKETPLACE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE NEW TERMS FOR YOUR NEW USE AND TRANSACTIONS.
Therefore, you should review the posted Terms, each time you use the Service (at least prior to each transaction or submission). Any new Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Terms that applied when you previously used the Service will continue to apply to such prior use and any specific term to which we previously committed to apply those terms (if applicable) (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page and the email you associated with your account for notices, all of which you agree are reasonable manners of providing you notice. You can reject any new, revised or additional terms by discontinuing use of the Services and Marketplace.
The heading used in these Terms are included by convenience only and will not limit or otherwise affect these Terms.
Sahara asks our users to respect the intellectual property rights of others. It is our policy to respond appropriately to clear notices of alleged copyright infringement, as set forth more fully below. In Sahara's sole discretion, Sahara may remove content that may be infringing on another person's intellectual property rights with or without notice to the potential infringer. In accordance with the U.S. Digital Millennium Copyright Act ("DMCA") and other applicable law, Sahara has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers.
If we remove or disable access in response to a DMCA Copyright Infringement Notice, we will make a good faith attempt to contact the owner or administrator of the affected content so that they may make a counter-notification. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner's) copyright in that work has been infringed by an improper posting or distribution of it via the Service, then you may send us a written notice that includes all of the following:
a legend or subject line that says: "DMCA Copyright Infringement Notice";
a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the full URL of the page(s) on the Service on which the material appears);
your full name, address, telephone number, and email address;
a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
your electronic or physical signature.
Sahara will only respond to DMCA Notices that it receives by mail or email at the addresses below:
By Mail:
Sahara Labs
P.O. Box 144
3119 9 Forum Lane
Camana Bay
George Town
Grand Cayman
Cayman Islands KY1-9006
By Email: team@saharalabs.ai
It is often difficult to determine if your copyright has been infringed. Sahara may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and Sahara may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.
Without limiting Sahara's other rights, Sahara may, in appropriate circumstances, terminate a repeat infringer's access to the Service and any other website owned or operated by Sahara.
If access on the Service to a work that you submitted to Sahara is disabled or the work is removed as a result of a DMCA Copyright Infringement Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:
a legend or subject line that says: "DMCA Counter-Notification";
a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the full URL of the page(s) on the Service from which the material was removed or access to it disabled);
a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
your full name, address, telephone number, email address, and the username of your Account;
a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Central District of California), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
your electronic or physical signature.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Service. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.
If you own intellectual property other than copyrights and believe that your intellectual property has been infringed by an improper posting or distribution of it via the Service, then you may send us a written notice to the addresses set forth above that includes all of the following:
a legend or subject line that says: "Intellectual Property Infringement Notice";
a description of the intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Service on which the material appears);
your full name, address, telephone number, and email address;
a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner of the intellectual property, its agent, or the law;
a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the owner of the intellectual property at issue (or, if you are not the owner, then your statement must indicate that you are authorized to act on the behalf of the owner of the intellectual property that is allegedly infringed); and
your electronic or physical signature.
We will act on such notices in our sole discretion, as permitted by applicable law. Any user of the Service that fails to respond satisfactorily to Sahara with regard to any such notice is subject to suspension or termination. We may send the information that you provide in your notice to the person who provided the allegedly infringing material.
These Terms, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on any of our website.
HOW TO CONTACT US.
If you have any questions about these Terms, please contact us at: team@saharalabs.ai.