Anaconda Terms of Service

The plain-language summaries provided in italics throughout these Terms of Service are for readability only. They are not legally binding, are not legal advice, and do not replace the full legal terms. In case of any conflict between the summaries and the actual terms, the full legal terms will control. 

These Terms of Service (“Terms”) are between you and Anaconda, Inc. and its Affiliates (“Anaconda”). By accessing or using the Anaconda Platform or Offerings , you agree to these Terms on behalf of yourself or, if applicable, your employer or another entity. If you accept these Terms using a work or organizational email address, or otherwise on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, “you” or “your” means that entity and its Users.

By clicking on the “Agree” (or similar button or checkbox) that is presented to you at the time of placing an Order, or by using, downloading, installing, or accessing the Platform or any Offerings (collectively, “using”) , you confirm you are bound by these Terms. If you do not wish to be bound by these Terms, do not click “Agree” (or similar button or checkbox), use, or access the Platform or any Offerings. 

1. When You Can Use The Platform For Free

When you need a paid license, and when you do not.

a. When Your Use is Free. You can use the Platform for free if:

(1) you are an individual that is using the Platform for your own personal, non-commercial purposes; 

(2) you are using the Platform on behalf of or in association with an Eligible Academic Institution (as defined in our Academic Policy and conditioned upon your acceptance of the Academic End User License Agreement); 

(3) you are using the Platform on behalf of or in association with an Eligible Non-Profit and Research Organization (as defined in our Non-Profit and Research Policy); or 

(4) you are using the Platform on behalf of a for-profit organization with 200 or fewer total employees or contractors (including all Affiliates).  

Anaconda reserves the right to request proof of verification of your eligibility status for free usage from you. 

b. When a Business Plan is Required. You must pay for a ‘Business Plan’ Subscription from Anaconda if you are using the Platform on behalf of a for-profit organization with more than 200 total employees or contractors (including all Affiliates) and you do not qualify for free use under Section 1(a) of these Terms (When Your Use is Free).

2. Mechanics of These Terms

How to read these Terms, and how Anconda’s legal documents fit together.

1. Definitions. Capitalized words in these Terms have specific meanings. Those meanings are defined in Section 21 of these Terms (Definitions) or in the text of these Terms. 
2. Scope of These Terms. These Terms govern your use of the Platform and all of the Offerings available to you within the Platform, unless Anaconda specifies otherwise.
3. Components of the Terms.  These Terms are made up of the following components: (i) these Terms of Service; (ii) the  Offering Description of each Offering you use; (iii) each  Order; and (iv) any other document that Anaconda specifically references as being incorporated into these Terms. 
4. Anaconda Policies. You agree to abide by the Anaconda policies listed at anaconda.com/legal, as updated from time to time by Anaconda (“Anaconda Policies”). The Anaconda Policies form an integral part of these Terms.
5. DPA.  If you have signed a DPA with Anaconda, the DPA applies to your use of the Platform and Offerings and forms part of these Terms. 
6. Order of Precedence.  If there is any conflict between the terms of any of the components listed in clauses (c), (d), or (e) of this Section 2, the order of precedence is: (i) your Order, (ii) the applicable Offering Description, (iii) the applicable Anaconda Policy, DPA, or other legal terms where it is mentioned to be incorporated into these Terms, and (iv)  these Terms of Service (excluding the Offering Descriptions).

3. Use of The Platform & Offerings

What you can and cannot do with our Platform and Offerings. 

1. Overview. Your access to the Platform grants you the ability to access and use certain Offerings that are either cloud-based or on-premises. Cloud-based Offerings run on the internet instead of being installed on your computer or server. On-premises Offerings are software or tools that you install and run on your own computer or server. 
2. Cloud-based Offerings License Grant. As long as you follow these Terms, Anaconda gives you a worldwide, non-exclusive license to use the Platform and Offerings. This permission is limited, can’t be shared or transferred, and can be revoked by Anaconda. You have the permission to: (a) Use the cloud-based Offerings for your Internal Use; (b) Use the cloud-based Offerings in accordance with Anaconda-provided Documentation. 
3. On-Premises Offerings License Grant. As long as you follow these Terms, Anaconda gives you a worldwide, non-exclusive license to install and use the on-premises Offerings on your on-premises systems for your Internal Use.  This permission is limited, can’t be shared or transferred, and can be revoked by Anaconda. 
4. Restrictions. You may not, and may not allow any third party to: (i) sublicense or distribute the Platform or any Offering to anyone other than your Users (if you are entering these Terms on behalf of an organization); (ii) Allow any third-party to use the Platform or any Offering in an unauthorized manner; (iii) Embed the Platform or any Offering in any product or service provided to third parties without obtaining an additional Embedding license from Anaconda at cost. (iv) Frame or Mirror the Platform or any Offering, either directly or via a proxy, unless authorized by Anaconda; (v) modify, adapt, translate, or create derivative works of the Platform or Offerings, except to the extent  permitted by applicable law; (vi)  reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or underlying structure of the Platform or any Offering, except to the extent permitted by applicable law; (vii) circumvent, alter, or disable any security, access control, or license enforcement mechanisms included with the Platform or Offerings; (viii) use the Platform or any Offerings in any manner that violates applicable laws, regulations, or industry standards; or (iv) access or use the Platform or Offerings to build a competitive product or service.
5. Scaled Enterprise Deployment Restrictions. Additional payment is required for enterprise scaled usage patterns of the Platform or Offerings where usage cannot be fully associated with end users and system accounts for, in Anaconda’s discretion, such as instances, including (but not limited to):
   1. Compute clusters, HPC systems, and supercomputers. 
   2. Burst compute frameworks, serverless computing, and other dynamic scaling frameworks.

4. Use of Specific Offerings

Some Offerings available to you in the Platform are subject to additional terms or separate terms altogether, as detailed in this Section.

1. Offerings and Offering Descriptions. Your use of the Platform includes access to individual applications, features, and add-ons, which Anaconda refers to individually as an “Offering” and  collectively as the “Offerings”. Your use of certain Offerings during your Subscription Term depends on the type of Subscription or ‘“Plan” you have with Anaconda that is listed on your Order, and may require payment. Terms that are specific to a particular Offering or Subscription plan are set out in the corresponding Offering Description.  Anaconda maintains the  Offering Descriptions and a list of corresponding list Offerings on its  legal website at anaconda.com/legal/terms. 
2. Edublocks.  You do not need a paid license to use Edublocks, regardless of the type or size of organization you are. Your use of Edublocks is subject to the separate terms of Edublocks available at anaconda.com/legal/terms/edublocks. 
3. Miniconda. Your use of Miniconda is subject to the separate terms of the Miniconda End User License Agreement. To the extent that you use Miniconda to access the Platform or any Offerings, these Terms will apply to your access of the Platform or our Offerings, including payment requirements as detailed in Section 1 of these Terms  (When You Can Use the Platform for Free). 
4. Anaconda.org. Your use of Anaconda.org is subject to the separate terms of Anaconda.org, available at anaconda.com/legal/terms/anaconda-org.

5. Users

You are responsible for your users. Anaconda may request information from you relating to these Terms or your users. 

1. Definition of “User.” A “User” means any party, whether human or non-human, that downloads, installs, accesses, or uses the Platform or any Offerings. This includes, but is not limited to: (ai individual human end-users (including employees, contractors, agents, or independent contractors); and (ii) non-human clients, including, but not limited to, system or service accounts, agentic processes and AI agents, automated systems, CI/CD jobs, serverless processes, and  third-party connecting services. 
2. User Counts. User counts are measured as follows:
   1. For Identified Users: Each unique username-based account or user-based identifier is counted as one User, regardless of the number of devices, access points, or frequency of use.
   2. For Unidentified Users: Each instance of download, access, or use that does not have a username-based account or user-based identifier is counted as a separate unique User requiring an individual license.
3. Active Users. An “active” User is one who has performed any of the following activities within the last 12 months: (i) accessing components, models, packages, or other artifacts from repo.anaconda.com or Anaconda-maintained/provided repositories covered by these Terms; or (ii) any other measurable interaction with the Platform or Offerings.
4. Your Responsibilities For Users. You are responsible for ensuring that all your Users follow these Terms, and you are responsible for any violations of these Terms by your Users. Anaconda may request information from you relating to these Terms or your Users.
5. Verification and User Count. The number of licenses listed on your Order determines the number of Users you may allow to use the Platform or Offerings, and you may not exceed that number without paying Anaconda for additional Users. Anaconda may verify that the actual number of your Users matches what was agreed upon in your Order. You cannot have more Users than what is listed in your Order unless you purchase additional User licenses. If Anaconda finds that you have more Users than what is listed on your Order, Anaconda may charge you for those extra Users based on Anaconda’s then-current pricing. Anaconda may  suspend access if it believes you or your Users are misusing the Platform or Offerings. You need to maintain accurate records of how you’re using the service for the duration of your Subscription Term and for twelve (12) months after it ends. If Anaconda asks (with reasonable notice), you must provide these records to confirm compliance.

6. Maintenance, End of Life and Beta Offerings

How Anaconda maintains and releases new versions of our Offerings, and what happens when Anaconda discontinues an Offering. 

1. Offering Updates. Anaconda may, at its option, make available new features, bug fixes, performance improvements, or other updates to an Offering. Unless provided with separate governing terms, they are deemed part of the Offering Description and licensed to you as provided in these Terms. 
2. Maintenance. Anaconda may perform maintenance of the infrastructure and software used to provide the Platform in accordance with its Support Policy. This means that you may experience some disruption to your use of the Platform when Anaconda performs those activities. Whenever possible, Anaconda will provide you with advance notice of such maintenance. 
3. End of Life for Offerings.  Anaconda may discontinue an Offering through a structured End of Life (EOL) process, consisting of three stages: (1) End of Sale: Anaconda will provide written notice on its official website (www.anaconda.com) at least one hundred and eighty (180) days before discontinuing new sales of the Offering; (2) End of Support: Anaconda will provide support for a period of twelve (12) months following the End of Sale date. After this period, Support Services will no longer be available and no new features, enhancements, or Updates will be released for the Offering after End of Support; and (3) End of Life: The Offering is fully discontinued and no longer maintained by Anaconda. If you have an active Subscription for an Offering that reaches EOL, Anaconda will use commercially reasonable efforts to transition you to an alternative Offering with substantially similar functionalities.
4. Beta Offerings.  Anaconda may occasionally offer you access to Beta Offerings. A Beta Offering will be identified as a Beta Offering (such as in version comments). BETA OFFERINGS ARE PROVIDED “AS-IS” AND ANACONDA MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WITH RESPECT TO BETA OFFERINGS OR YOUR USE OF THEM. 

7. Artificial Intelligence

You may have access to AI offerings within the Platform. This Section notes special terms applicable to your use of AI within the  Platform. 

1. AI Features and Offerings. Certain Offerings in the Platform may incorporate artificial intelligence (AI) features to enhance functionality, provide insights, or automate processes. By using these AI-powered Offerings, you acknowledge and agree that: (i) AI-generated outputs are provided “as is” and may not always be accurate, reliable, or free from bias; (ii) you are responsible for reviewing and validating AI-generated content before relying on them for decision-making; (iii) AI-powered Offerings may evolve, change, or be discontinued at any time without prior notice. To provide AI-powered Offerings, AI processing may involve third-party services, subject to their respective terms. A full list of the AI processing services Anaconda uses to provide AI features is available on trust.anaconda.com. Your inputs will be collected, stored, and processed in accordance with Anaconda’s Privacy Notice. 
2. Limitations & Disclaimers. Anaconda  does not represent, warrant, or guarantee that AI features or AI-generated outputs will be complete, correct, or appropriate for all use cases. You assume all risks associated with your use of and reliance on AI-generated content. To the fullest extent permitted by law, Anaconda will not be  liable for any decisions, or actions, or any associated damages resulting from the use of AI-generated outputs. 
3. Compliance & Acceptable Use. In addition to complying with Anaconda’s Acceptable Use Policy, when using AI features, you specifically agree: (i) not to use AI features for any unlawful, unethical, or misleading purposes; (ii) not to attempt to manipulate or interfere with AI systems in ways that could cause harm; and (iii) to comply with applicable laws and regulations related to AI-generated outputs and content.

8. Data, Privacy and Security

How Anaconda collects and uses your data, and security measures Anaconda takes to protect your data. 

1. Personal Data Collection. Anaconda collects, stores, and processes information from you in accordance with applicable Data Protection Laws. For information regarding how Anaconda processes personal data, refer to Anaconda’s Privacy Notice available at https://legal.anaconda.com. If you have a DPA with Anaconda, then Anaconda’s Privacy Notice will not apply. Any Personal Data that has been irreversibly anonymized and de-identified so that the Data Subject to whom it originally related cannot be identified in accordance with applicable Data Protection Laws is “Anonymized Data”. For the avoidance of doubt, Anonymized Data will not be considered Personal Data or your Confidential Information. 
2. Sensitive Data. You will not submit Sensitive Data to Anaconda unless Anaconda has agreed in writing to accept and process such data from you in a separate agreement.  “Sensitive Data” (or any similar term, such as sensitive personal information or special categories of data) has  the meaning assigned under any relevant Data Protection Laws.
3. Data Security. Anaconda implements industry standard security safeguards to protect your data against destruction, loss, alteration, unauthorized disclosure, and unauthorized access in accordance with applicable law. For more information about our security and safeguards, visit trust.anaconda.com. 
4. Security Breach Notification. If Anaconda becomes aware of actual unauthorized access to the data it has collected from you, Anaconda will promptly investigate the incident and notify you as required by applicable law.
5. Data Retrieval. The Documentation describes how you may retrieve your Content and data from the cloud-based Offerings. 

9. Your Content

You are responsible for your account and content that you upload or submit to Anaconda, or content that you publish.

1. Content Ownership & License. You retain ownership of any of your Content that you upload, or submit through the Platform. However, if you choose to submit your Content for public availability via the optional publishing capabilities in the Offerings, you grant Anaconda a worldwide, non-exclusive, royalty-free, fully paid-up, transferable, and sublicensable license to use, store, reproduce, modify, distribute, publicly display, and perform your User Content solely for the purpose of providing the published content to others via the Platform.
2. Content Responsibilities & Restrictions. By uploading your Content, you represent and warrant that: (1) you have all the necessary rights and permissions to submit your Content; (2) your Content does not infringe, misappropriate, or violate any third-party rights, including Intellectual Property, privacy, or publicity rights; and (3) your Content complies with Anaconda’s Acceptable Use Policy. 
3. Content Removal. Anaconda reserves the right, at its sole discretion and without prior notice, to remove, restrict access to, or delete any of your Content for any reason. Anaconda will not be liable for any loss of data resulting from such removal.
4. Information Backups. You are responsible for backing up your Content. Anaconda has no obligation to backup or guarantee recovery of your Content and is not liable for any loss or damage to it.
5. Protecting Your Account. You must protect your account credentials and notify Anaconda of unauthorized access to them. Bot-created accounts are prohibited.

10. Third Party Content

Anaconda’s Platform gives you access to software that is owned by third parties, who set the terms and conditions for the use of that software. 

Your Subscription provides you access to Third-Party Content such as software, Packages, components, and AI models that can be used and downloaded at your discretion. Your use of any Third-Party Content made available through Anaconda is subject to the terms of its respective license. Anaconda will provide the applicable license(s) known to Anaconda for the Third Party Content it makes available to you within the Platform or relevant Offering. Anaconda provides links to, or the content of, the applicable license terms that are relevant for Third-Party Content within the Platform. In the event of any conflict between a Third-Party Content’s applicable license terms and any description or license information provided by Anaconda, the terms of the applicable Third-Party Content’s license will control. ANACONDA DOES NOT MODIFY, ALTER, OR OVERRIDE THE TERMS OF ANY THIRD-PARTY CONTENT’S LICENSE AND PROVIDES THIRD-PARTY CONTENT ON AN AS-IS BASIS, WITHOUT WARRANTIES OR GUARANTEES BEYOND THOSE EXPRESSLY STATED IN THE RESPECTIVE THIRD-PARTY LICENSES.

11. Support

 Anaconda Support Services may be included with your Subscription if expressly set forth in your Order. Anaconda will provide the applicable level of Support Services in accordance with the Anaconda Support Policy. 

12. Ordering Process; Delivery

This Section describes the ordering process and how access to the Platform will be delivered. 

No Order is binding until Anaconda provides its acceptance, as indicated  by sending a confirmation email, providing access to the Platform, or making license tokens available to you.  No terms of any purchase order or other business form used by you will supersede, supplement, or otherwise apply to these Terms or to Anaconda or to your use of the Platform or any Offering. Anaconda will deliver login instructions or license tokens to you electronically. You are responsible for the installation of on-premises Offerings unless otherwise indicated in your Order, and Anaconda has no obligations with respect to the on-premises Offerings after delivery of license tokens.

13. Fees & Billing

If you purchase a subscription from Anaconda, this Section applies. 

1. Fees.  Applicable fees for your Subscription are specified in your Order from Anaconda or an Anaconda Reseller and begin on the date listed on your Order. All payments will be made in United States dollars. Fees are non-cancelable and non-refundable. Anaconda reserves the right to adjust its pricing from time to time and at its sole discretion. In such an event, prices will remain fixed during your current Subscription Term, and adjusted fees will be applicable only after the start of your new Subscription Term. Anaconda reserves the right to collect interest payments from the earliest date of non-payment, at rates no higher than the legal rate of interest. For unpaid fees, Anaconda may retry collection or suspend your account. All fees are exclusive of any applicable taxes, which you are solely responsible for paying. 
2. Anaconda Reseller Purchases. If you purchase through an Anaconda Reseller, you must pay all applicable fees directly to the Anaconda Resellers, and your order details will be specified in the Order placed by the Anaconda Reseller with Anaconda on your behalf. 
3. Billing.  You must  provide Anaconda or your authorized Anaconda Reseller with up to date billing information so that Anaconda can set up your account, and you hereby authorize Anaconda, either directly or through Anaconda’s third-party payment processing service or Anaconda’s Affiliates, to charge the applicable fees set forth in your Order via your selected payment method, upon the due date.
4. Automatic Renewal. To prevent interruption or loss of service, any Subscription will renew automatically at the end of each Subscription Term, unless you cancel at least thirty (30) days prior to the expiration of that Subscription Term. 

14. Terms, Termination & Suspension

What happens when these Terms and your agreement with Anacondaends. 

1. Term of These Terms. These Terms apply for the duration of your Subscription Term. Your Subscription Term will be listed on your Order. 
2. Termination. Either you or Anaconda may elect not to renew a Subscription Term by giving notice to the other before the end of the then-current Subscription Term. You must provide any notice of non-renewal through your account, by contacting Anaconda’s support team, or by otherwise providing Anaconda notice, as described in Section 20(j) of these Terms (Notices) 
3. Account Suspension. Anaconda reserves the right to suspend or terminate your account or access to the Platform at any time, with or without notice to you. 
4. Effect of Termination. Upon termination of these Terms (such as through suspension of your account with Anaconda), you must stop using the Platform and destroy any of your copies of the Offering(s). Anaconda may require evidence from you that you have stopped using the Platform or that all Anaconda Content has been removed from your systems. Such evidence may be in the form of a system scan report or other method, as determined solely by Anaconda.
5. Your Content After Termination. Upon termination of these Terms, Anaconda may delete your Content, except where Anaconda must retain it for legal purposes or to protect our legitimate business interests. 
6. Survival. The termination or expiration of these Terms will  not relieve you or Anaconda from any obligation that may have arisen prior to such termination or expiration, or 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, general provisions, and definitions. 

15. No Warranty; Platform Provided “AS-IS”

You are responsible for your use of the Platform. Anaconda does not provide any guarantees or warranties about the Platform or your use of it. 

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THESE TERMS, AND TO THE FULLEST EXTENT PERMITTED BY LAW,  ANACONDA PROVIDES THE PLATFORM, INCLUDING ALL OFFERINGS AND BETA OFFERINGS, “AS-IS” AND “AS AVAILABLE”, WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR INDEMNITY, AND ANACONDA HAS NO LIABILITY RELATING TO YOUR USE OF THE PLATFORM. ANACONDA DISCLAIMS ALL WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, WHETHER ARISING UNDER ANY THEORY OF LAW OR FROM ANY USAGE  IN TRADE OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIBILITY, NON-INFRINGEMENT, FITNESS OR A PARTICULAR PURPOSE OR OTHERWISE. ANACONDA DISCLAIMS ALL WARRANTIES OR GUARANTEES ABOUT THE ACCURACY, RELIABILITY OR BENEFITS OF ANY OFFERINGS OR THE AI PLATFORM, INCLUDING AI MODELS, PACKAGES, OR ANY OTHER TECHNOLOGY OF SOFTWARE, OR THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, BE SECURE, UNINTERRUPTED OR AVAILABLE AT ANY TIME OR LOCATION, ERROR-FREE, VIRUS-FREE, OR THAT ANY ERRORS WILL BE CORRECTED. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM YOUR USE OF THE PLATFORM.

16. Ownership & Intellectual Property

You own your information (except for feedback you provide to Anaconda), and Anaconda owns its information.

1. Ownership and Reservation of Rights. As between you and Anaconda, Anaconda retains all right, title and interest, including all Intellectual Property Rights, in and to the Platform, Offerings, and Anaconda Content. Anaconda reserves all rights not expressly granted in these Terms. 
2. Your Content. Your Content remains your own and nothing in these Terms transfers any Intellectual Property Rights in or to your Content to Anaconda. 
3. Feedback. You have no obligation to provide Anaconda with feedback, ideas, suggestions, or proposals (“Feedback”). However, if you submit Feedback to Anaconda, then you grant to Anaconda a non-exclusive, worldwide, royalty-free license that is sub-licensable and transferable, to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify, or publicly perform the Feedback in any manner without any obligation, royalty, or restriction based on Intellectual Property Rights or otherwise.

17. Confidential Information

What is confidential stays confidential; When you can share confidential information. 

1. Confidential Information. For the purposes of this Section 17 , you and Anaconda are each a “Party”. A Party may disclose to the other Party non-public business, product, technology and marketing information, including without limitation, customers lists and information, know-how, software and any other non-public information that is either identified as confidential or should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure, whether disclosed prior or after you and Anaconda entered into these Terms (“Confidential Information”).  During your Subscription Term, and for at least one (1) year thereafter, each Party expressly agrees (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 obligations or exercising rights under these Terms; and (iii) to use at least a reasonable standard of care in protecting the Confidential Information.
2. Excluded From Confidential Information. These restrictions on the use and disclosure of Confidential Information will  not apply to any Confidential Information (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 17 by the receiving Party; or (iv) which at the time of disclosure was already known to the receiving Party, and free of restriction as evidenced by documentation in such Party’s possession; or (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).
3. Sharing Confidential Information. Each Party may disclose Confidential Information only to its employees, agents, or subcontractors who need it in order to exercise rights or perform obligations under these Terms, and who are required to protect it against unauthorized disclosure or use in a manner no less protective than required under these Terms. Confidential Information is and will at all times remain the exclusive property of the disclosing Party. Upon termination or expiration of these Terms, each Party must promptly destroy or return all Confidential Information of the other Party.

18. Indemnification

You cover Anaconda if your actions cause legal trouble.

You are solely responsible for your use of the Platform. You agree to indemnify, defend, and hold harmless Anaconda and its Affiliates from all claims, liabilities, and expenses, including attorney’s fees, arising out of or in connection with your use of (or inability to use) the Anconda Platform Services, including but not limited to your violation of these Terms, violation of a third party’s intellectual property rights, violation of applicable laws or regulations, any Content posted by you, or unauthorized use of your account credentials. Anaconda will provide you with (1) prompt written notice of the claim, demand, suit, or proceeding; (2) sole control over the defense and settlement of the claim, demand, suit, or proceeding, and (3) all reasonable assistance and cooperation in connection with the defense and settlement of the claim, at your expense. You may not settle a claim without Anaconda’s consent if settlement would require Anaconda to admit fault.

19. Limitation of Liability

Caps how much you or Anaconda can be held responsible for damages.

In no event will Anaconda be liable for indirect, incidental, exemplary, punitive, special or consequential damages; or lost profits, even where Anaconda knows or should have known of the likelihood of such damages. Anaconda’s maximum aggregate liability under these Terms will be the total fees paid by you in the twelve (12) months immediately prior to a claim. This limitation of liability applies whether the claims are in warranty, contract, tort (including negligence), infringement, or otherwise, even if Anaconda has been advised of the possibility of such damages. Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under applicable law. Anaconda will not be held liable for any effects of an EOL of an Offering.

20. General Provisions

General legal aspects of these Terms. 

1. Entire Agreement. These Terms, including the components set forth in Section 2 of these Terms (Mechanics of these Terms) are the complete agreement between you and Anaconda regarding the subject matter of these Terms and supersede all prior communications, understandings or agreements (whether written or oral) between you and Anaconda.  
2. Terms Changes. Anaconda may update or change these Terms or any of its components in its sole discretion and provide reasonable notice to you of the changes. Changes to the Terms will apply to any Orders started or renewed after the effective date of the posted changes.
3. Export Control. Anaconda may provide software or technical information through the Platform that is subject to United States Export Administration regulations and sanctions laws. You must comply with all domestic and international export laws and regulations that apply to the Platform, which include restrictions on destinations, end users, and end use.  You acknowledge and agree to the applicability of and your compliance with those laws and regulations, and you will not receive, use, transfer, export or re-export any Offering or part of the Platform in a way that would cause Anaconda to violate those laws. You also agree to obtain any required licenses or authorizations.
4. Third Party Beneficiaries. No right or cause of action is granted to any third party to these Terms. 
5. Assignment. Anaconda may assign these Terms to (a) an Affiliate; or (b) a successor or acquirer pursuant to a merger or sale of all or substantially all of Anaconda’s assets at any time and without written notice. You may not assign or transfer these Terms or any of your obligations under these Terms to any other party. Any attempted assignment or transfer in violation of this Section 20(e) will be null and void. Subject to the foregoing, these Terms will be binding on and inure to the benefit of respective successors and permitted assigns.
6. Subcontracting. Anaconda may subcontract all or part of its obligations under these Terms at its sole discretion, and without notice to you. Anaconda will be responsible for any acts or omissions of the subcontractors that are acting on behalf of Anaconda under these Terms as if those acts or omissions were performed by Anaconda directly. 
7. Children and Minors. If you are under 18, you confirm that (i) you have the legal capacity to accept these Terms, or your parent or guardian has consented on your behalf; (ii) you understand Anaconda’s Privacy Policy; and (iii) you understand that certain Offerings may be restricted for underage users. If you are under 13, you may not enter into these Terms or use the Platform.  
8. Compliance with Laws. You and Anaconda will comply with all applicable laws and regulations relating to these Terms. 
9. Governing Law and Venue. These Terms, and all matters regarding their interpretation or enforcement are governed exclusively by the laws of Texas, excluding its choice of law rules or the United Nations Convention on the International Sale of Goods. If a dispute or claim arises relating to these Terms, you and Anaconda agree to make a reasonable and good faith effort to agree on an out-of-court solution and resolve the dispute. If no out-of-court settlement is reached, any related action, lawsuit, or proceeding must be brought and adjudicated exclusively by the federal (or, if federal jurisdiction does not exist, state) or courts located in Texas. 
10. Notices. Any notice delivered by Anaconda to You under these Terms will be delivered via email, regular mail or postings on www.anaconda.com. Notices to Anaconda should be sent to Anaconda, Inc., Attn: Legal Department at 1108 Lavaca Street, Suite 110-645 Austin, TX 78701. 
11. Headings. Headings used throughout these Terms are for convenience and reference only, and have no legal effect.
12. Publicity. Anaconda may identify your organization as a customer of Anaconda’s in its promotional materials. Anaconda will promptly stop doing so upon your request. You will not use Anaconda’s logo, name, or trademarks without Anaconda’s written authorization.  
13. Force Majeure. Except for payment obligations, neither you or Anaconda will be responsible for failure to perform obligations under these Terms due to an event or circumstances beyond its reasonable control. 
14. No Waiver; Severability. Failure by you or Anaconda to enforce any right under these Terms will not waive that right. If any portion of these Terms is not enforceable, it will not affect any other terms.
15. Electronic Signatures. Both you and Anaconda each represent and warrant that it possesses the legal right and capacity to enter into, execute, deliver, and perform these Terms; that if an individual is signing these Terms on behalf of or in association with an organization, that they have the authority to bind the organization to the terms and conditions of these Terms, and that these Terms area valid and binding obligation on that organization. You agree that an electronic signature, clicking “I agree,” or selecting a checkbox has the same legal force and effect as a manual signature. 

21. Definitions

1. “Affiliate” means any corporation or other legal entity that directly or indirectly controls, is controlled by, or is under common control with the relevant party, where “control” means to: (a) ownership of more than 50% of the entity in question; or (b) the power to direct the affairs of the entity through any lawful means (e.g., a contract that allows control).
2. “Anaconda Platform” or “Platform” means, collectively, all of the Offerings, Anaconda Content, and Support Services, including provision of maintenance and Updates, that are provided by or on behalf of Anaconda. 

3. “Anaconda Content” means software, code, metadata, tools, libraries, scripts, APIs, software development kits (SDKs), templates, algorithms, workflows, user interfaces, links, usage materials, technical specifications, and Documentation.
4. “Anaconda Reseller” means an organization or entity that is authorized by Anaconda to sell licenses to the Anaconda Platform or Offerings. 
5. “Anonymized Data” means Personal Data that has been irreversibly anonymized or de-identified so that the Data Subject to whom it originally related cannot be identified in accordance with applicable Data Protection Laws.
6. “Beta Offerings” Beta Offerings means any Offering or portion thereof offered on a trial “beta” release basis, as designated by Anaconda. Beta Offerings may,, include without limitation,  products, plans, services, and platforms. 
7. “Data Protection Laws” means all laws, regulations, and legally binding requirements of any governmental authority or regulator applicable to the processing of Personal Data.
8. “Documentation” means instructions, technical specifications, or other information relating to the Platform or specific Offerings available through docs.anaconda.com or otherwise as provided to you by Anaconda. 
9. “Eligible Academic Institution” has the meaning assigned to such a term in the Anaconda Academic Program Policy.
10. “Eligible Non-Profit and Research Organization” has the meaning assigned to such  term in the Anaconda Non-Profit and Research Policy.
11. “Embed” or “Embedding” means incorporating Anaconda Content into another product or service as a built-in component or continually updating dependency of a larger software application. Embedding does not include providing services or processing data for third parties, as long as the third party does not interact with the Anaconda Offering, either through direct access or indirectly as a built-in component or continually updating dependency of a larger software application. 
12. “Intellectual Property Rights” means any and all now known or hereafter existing worldwide: (a) rights associated with works of authorship, including copyrights, mask work rights, and moral rights; (b) trademark or service mark rights; (c) rights in Confidential Information, as defined in Section 17 of these terms (Confidential Information); (d) patents, patent rights, and industrial property rights; (e) layout design rights, design rights, and other proprietary rights of every kind and nature other than trade dress, and similar rights; and (f) all registrations, applications, renewals, extensions, or reissues of the foregoing. 
13. “Internal Use” means using an Offering solely for your internal operations, including performing computations on internal systems, networks, and devices. Internal Use does not include Embedding an Offering in any product or service offered to third parties. Internal Use does not include monitoring or servicing third-party systems, networks, or devices using the Offerings.
14. “Mirror” or “Mirroring” means the act of duplicating, copying, or replicating an entire Offering or a component of an Offering. 
15. “Offering” means a product, service, feature, or add-on that Anaconda makes available to you, within the Platform. An Offering may be subject to the specific terms of an Offering Description, which is incorporated into and forms an integral part of these Terms.  
16. “Offering Description” means, with respect to an Offering, a written description of the specific features, specifications, and terms and conditions that are uniquely associated with that Offering.
17. “Order” or “Order Form”  means a legally binding document, website page, or electronic mail that outlines the specific details of your Subscription including but not limited to product specifications, pricing, quantities, and payment terms issued by Anaconda, or an Anaconda authorized partner, reseller, or distributor.
18. “Package” means an archival file containing a software application, library, component, or model and its essential metadata, such as name, version number, licensor, and any related dependencies.
19. “Personal Data” means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to an individual that is processed by Anaconda in accordance with these Terms and the Privacy Policy. This term includes, but is not limited to, “personal information,” “personally identifiable information (PII),” and any similar terms as defined under applicable Data Protection Laws.
20. “Subscription” means your acceptance of these Terms to use an Offering over a Subscription Term, which may or may not include agreement to the payment of a fee. Your Subscription to an Offering grants you the rights to all or a subset of the Offering within the Anaconda Platform, receive Updates, and Upgrades, access support, all in accordance with the Anaconda terms for such Offering. Applicable payment requirements and included Offerings for each Subscription type are available at https://www.anaconda.com/pricing. 
21. “Subscription Term” means for a Subscription, the length of time under which you have rights to the Offering as specified in your Order. If the term is not specified on your Order, the term  starts on the date of delivery of access to the Platform and will continue until the expiration or termination of your Order. 
22. “Support Services” means the support, maintenance, and update services provided by Anaconda to you in accordance with the Support Policy. 
23. “Third-Party Content” means AI models, Packages, software, code, tools, libraries, scripts, APIs, software development kits (SDKs), templates, algorithms, workflows, user interfaces, links, documentation, and any other resources or services provided, distributed, or made available by a third-party provider under the applicable terms of such provider that Anaconda makes available to you for your discretionary use within the Platform. Third-Party Content may be offered under various licensing models, which may include “free software,” “open-source software,” and other types of distribution terms. As used in these Terms , “open-source” refers to software made available for use, modification, and distribution under a license that complies with specific criteria established by the Open Source Initiative (OSI). For clarity, Third-Party Content is subject to its relevant third-party license terms and does not include Anaconda Content. 
24. “Updates” means any patch, bug fix, workaround, or other modification that seeks to correct security risks, broken features, and/or functionality problems in the Platform, Offerings, or Anaconda Content, including error corrections. 
25. “Upgrades” means any new features, visual design changes, or other material improvements to the Platform. Upgrades may require additional fees.
26. “Your Content” means Packages, software, code, tools, libraries, scripts, APIs, software development kits (SDKs), templates, algorithms, workflows, user interfaces, links, data, files, attachments, text, images, reports, and  any other data that is uploaded, submitted, transmitted, or otherwise made available, to or through the Offerings, by you and is processed by Anaconda on your behalf.  For the avoidance of doubt, Anonymized Data is not regarded as your Content.