1. Use of Data Stream. These Data Stream Terms of Use (“Data Stream Terms”) govern End User's use and access to Data Stream, Everpure's data ingestion, indexing, search, and generative AI software appliance (“Data Stream”). End Users agree to these terms when using and accessing Data Stream. These Data Stream Terms may be updated by Everpure to reflect changes in technology, law, or Everpure policies. Data Stream's security is reviewed and updated regularly to ensure compliance with prevailing industry standards.
2. Data Security and Hosting Details. Data Stream is hosted and processed entirely on End User's on-premises appliance. Data ingested from End User's NFS shares and S3-compatible buckets, the vector embeddings and indices generated from that data, and any output generated by the on-appliance large language model (“LLM”) remain on the FlashBlade and are not transmitted to Everpure, or any other third-party cloud service. Data at rest on the FlashBlade is encrypted in accordance with prevailing industry standards. Everpure does not access, view, or store copies of End User's ingested data, embeddings, indices, search queries, or LLM outputs, except to the extent End User affirmatively shares diagnostic logs with Everpure support for troubleshooting purposes.
3. Data Ingestion. Data Stream connects to End User-designated Network File System (NFS) shares and S3-compatible object storage buckets (“Data Sources”) to ingest data, either on an ad hoc, manually triggered basis or on a recurring schedule configured by End User. End User represents and warrants that it is authorized to connect each Data Source to Data Stream and to permit Data Stream to read, process, and index the data contained within it. End User is solely responsible for configuring appropriate Data Source permissions, ingestion schedules, and scope of data made available to Data Stream.
4. Embeddings, Indexing, and Search. Data Stream processes ingested data to generate vector embeddings and associated search indices. End Users may query indexed data using semantic search, keyword search, or a combination of both. Search results reflect the state of the underlying Data Sources as of their most recent ingestion and may not reflect changes made to a Data Source since that time. Everpure does not warrant the completeness, accuracy, or relevance of any embeddings, indices, or search results generated by Data Stream.
5. Generative AI Output. End User may optionally direct Data Stream to submit search results, together with an End User-supplied prompt, to the on-appliance large language model to generate summarized or synthesized responses (“Generative Output”). Generative Output is produced entirely on End User's appliance using the search results available to Data Stream at the time of the request and may omit relevant information, include irrelevant information, or contain inaccuracies. Use of the Generative Output feature is optional by End User's administrators at any time.
6. End User Access Controls and Opt-Out. Data Stream adheres to the authentication and authorization rules configured by End User for each connected Data Source, so that individual users of Data Stream may search and retrieve only the data they are independently authorized to access. End Users may opt out of using Data Stream, or disable specific Data Sources, scheduled ingestion jobs, or the Generative Output feature, at any time by contacting their applicable Everpure Account Manager or through Data Stream's administrative settings. End User may request access to Data Stream audit logs of End User's activity through the applicable Everpure Account Manager.
7. Warranty Disclaimer. DATA STREAM IS PROVIDED AS-IS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES. EVERPURE DOES NOT WARRANT THAT DATA STREAM FUNCTIONS ERROR-FREE OR UNINTERRUPTED, OR THAT DATA STREAM MEETS END USER'S REQUIREMENTS. EVERPURE IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION, OR SECURITY OF DATA STREAM TO THE EXTENT ARISING FROM END USER'S ACTIONS, DATA, DATA SOURCE CONFIGURATION, THIRD-PARTY APPLICATIONS, OR OTHER SERVICES PROVIDED BY THIRD PARTIES. TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND EVERPURE MAKES NO WARRANTY, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO DATA STREAM AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY OR RESULTS, AND FITNESS FOR A PARTICULAR PURPOSE.
8. End User Acknowledgement. End User acknowledges and agrees to the following: (a) Data Stream utilizes artificial intelligence technologies, including vector embeddings, semantic search, and automated content generation, which may interact with you without human involvement; (b) Generative Output is provided for informational purposes only and does not constitute professional advice (including but not limited to legal, financial, medical, or psychological advice); (c) not to rely solely on search results or Generative Output for critical decisions and to consult a qualified professional where appropriate; (d) while reasonable efforts are made to ensure the accuracy and reliability of Data Stream, its search results and Generative Output may contain errors, omissions, or outdated information; and (e) End User is solely responsible for how End User uses the outputs of Data Stream and for verifying any information before acting upon it.
9. Capacity Entitlement and Token-Based Licensing. End User's access to and use of Data Stream is licensed on a capacity basis, measured in tokens, as set forth in the applicable SKU description (“Token Entitlement”). A “Token” is a unit of measure representing a segment of text processed by Data Stream in servicing end user search queries and generative output requests, whether submitted through Data Stream’s user interface or its APIs, calculated in accordance with Everpure's then-current token-counting methodology, as may be updated from time to time. End User's Token Entitlement is stated as a monthly token allotment, licensed for a one-year committed term, and applies to each Data Stream system purchased by End User. Unused Tokens do carry over to a subsequent period. If End User's use of Data Stream exceeds its Token Entitlement in any period, Everpure may (a) temporarily limit Data Stream's ingestion, query, API, search, or Generative Output functionality, and (b) require End User to purchase additional Token Entitlement to restore full functionality.
10. No Termination for Convenience. Fees for End User's Token Entitlement are non-cancelable and non-refundable for the applicable committed term. End User may not terminate the applicable Data Stream subscription or committed term for convenience prior to the end of the applicable committed term.
11. General Terms. These Data Stream Terms supplement the Agreement (or other written agreement covering the same subject matter executed by Everpure) for the Product or Services purchased by End User. Capitalized terms not specifically defined in these Data Stream Terms have the same meaning as in the Agreement. Everpure reserves the right to update these Data Stream Term from time to time, as noted by the "Last Updated" date below.
12. Support. Everpure supports the Data Stream software and its operation with the backing FlashBlade; Everpure does not support the GPU server hardware, NVIDIA software components (including NVIDIA AI Enterprise, licensed separately from NVIDIA), End User's Data Sources, or third-party software.