Oxen Evaluation Terms (aka “Explorer Plan” or “Free Trial”)
Updated August 1, 2025
These Oxen Evaluation Terms (these “Terms”) describe your rights and responsibilities as a user of Oxen’s Evaluation Software. These Terms are between you and Oxen (as defined below). “You” means the entity you represent in accepting these Terms or, if that does not apply, you individually. You represent and warrant that you are at least 16 years of age or older. If you are accepting on behalf of your employer or another entity, you represent and warrant that: (i) you have full legal authority to bind your employer or such entity to these Terms; (ii) you have read and understand these Terms; and (iii) you agree to these Terms on behalf of the party that you represent. If you don’t have the legal authority to bind your employer or the applicable entity, please do not click “I agree” (or similar button or checkbox) that is presented to you. PLEASE NOTE THAT IF YOU SIGN UP TO USE THE EVALUATION SOFTWARE WITH AN EMAIL ADDRESS FROM YOUR EMPLOYER OR ANOTHER ENTITY, THEN (A) YOU WILL BE DEEMED TO REPRESENT SUCH PARTY, (B) YOUR CLICK TO ACCEPT WILL BIND YOUR EMPLOYER OR THAT ENTITY TO THESE TERMS, AND (C) THE WORD “YOU” IN THESE TERMS WILL REFER TO YOUR EMPLOYER OR THAT ENTITY.
These Terms are effective as of the date you first click “I agree” (or similar button or checkbox) or use or access the Evaluation Software, whichever is earlier (the “Effective Date”). These Terms do not have to be signed in order to be binding. You indicate your assent to these Terms by clicking “I agree” (or similar button or checkbox) at the time you register to use the Evaluation Software and you also indicate your assent to these Terms by accessing or using the Evaluation Software. These Terms supersede any other agreement (including any click-through or electronic agreements within the Evaluation Software) between Oxen and you with respect to the Evaluation Software.
1 Definitions
Customer means You.
Oxen means Oxen Labs, Inc.
Documentation means the technical documentation for the Solution that is included in the version of the Solution accessed by Customer, including all additions and modifications made by Oxen from time to time in accordance with this Agreement.
Evaluation Software (which may be referred to, synonymously, as the ‘Solution’) means a no fee, trial, demo, alpha, beta, or early access offering of Oxen’s software products (in and on-premise deployment, or as software-as-a-service, as applicable) and Documentation.
Evaluation Term means the period for which you have rightful access to the Evaluation Software, which shall be limited to the period in which you meet the requirements of the “Explorer” plan. Though the requirements may change at Oxen’s discretion at any time and without notice, the current requirements include in any given month of usage, the User’s Private Repositories to have no more than 3 Collaborators, use no more than 50gb of data storage, and us no more than 50gb of data transfer. The current requirements can be found at https://www.oxen.ai/pricing.
Model means a trained machine learning model that can make predictions on new data.
Project means a referenceable item that includes a dataset, which is the source used for training, and any models built from the dataset. Projects can be created and accessed from the home page, the project control center, and the AI Catalog. They can be shared to users, groups, and an organization.
Organization means a representation of a group of collaborators such as a company, research lab, or community.
Repository means a version-controlled container that stores and manages datasets, model weights, code, and related files.
Your Data means any code or data which is uploaded into the Evaluation Software by or on behalf of you (including by Oxen on your behalf).
2 License Grant
Subject to these Terms, Oxen grants to you, for the Evaluation Term, a non-exclusive, non-transferable, nonsublicensable license to use the Evaluation Software internally, solely for the purpose of evaluating its suitability to you for subsequent purchase.
3 Restrictions On Use Of The Evaluation Software
You shall not, and shall not permit any third party to, except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties:
use the Evaluation Software other than in accordance with the Documentation;
attempt to backup, copy, modify, create derivative works from, or distribute any part of the Evaluation Software;
attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form any part of the Evaluation Software;
access any part of the Evaluation Software to build a competing product or service; use the Evaluation Software to provide services to third parties;
license, lease, transfer, assign, disclose, or otherwise commercially exploit the Evaluation Software; or
modify any proprietary rights notices that appear in the Evaluation Software.
4 Evaluation Use
4.1 Oxen shall have the right to terminate, downgrade, limit or modify the Evaluation Software at any time without notice or compensation. No warranty, indemnity, availability, maintenance or support obligations of Oxen will apply to Evaluation Software.
4.2 You grant to Oxen, without charge, the fully paid-up, perpetual right to exploit any feedback you may provide pertaining to Oxen’s products or services for any purpose, so long as such exploitation does not identify you as the source of the feedback.
5 Term & Termination
5.1 Oxen may extend the Evaluation Term (if agreed by the parties) or terminate your access to the Evaluation Software at any time without cause.
5.2 Upon termination or expiry of the Evaluation Term:
this Section 5.2, Section 10 (Confidentiality), Section 13 (Limitation of Liability), Section 16 (Entire Agreement) and Section 17 (General) will survive alongside any other Sections that are intended to survive termination or expiration of these Terms in order to achieve their fundamental purposes;
each party shall return and make no further use of any equipment, property, documentation and other items (and all copies of them) belonging to the other party;
any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination which existed at or before the date of termination will not be affected.
6 Proprietary Rights
6.1 The Evaluation Software and Documentation are the proprietary intellectual property of Oxen and its licensors. Oxen retains sole and exclusive ownership of all rights, title, and interest in and to the Evaluation Software, Documentation and any other technology used to provide them.
6.2 All enhancements, modifications, corrections and derivative works that are made in or through the Evaluation Software will be considered part of the Evaluation Software and will be owned by Oxen.
6.3 You retain all rights, title, and interest to Your Data you upload to the Evaluation Software.
7 Your Data
Short version: We treat the content of private repositories as confidential, and we only access it as described in our Privacy Statement—for security purposes, to assist the repository owner with a support matter, to maintain the integrity of the Service, to comply with our legal obligations, if we have reason to believe the contents are in violation of the law, or with your consent. Public repositories are just that - public and come with the expectation that the contents within can be seen and used by others.
7.1 The parties shall comply with Oxen’s Information Security Policy available at https://www.oxen.ai/info-sec-policy as well as Oxen’s Data Processing Policy available at https://www.oxen.ai/data-processing-policy.
7.2 You shall comply with all laws and regulations applicable to use of the Evaluation Software.
7.3 Oxen shall only process Your Data as necessary to perform its obligations under these Terms. For avoidance of doubt, this includes for analytics or model training.
7.4 You represent and warrant that you have the necessary rights and permissions to provide the Your Data to Oxen.
7.5 You shall not use or allow others to use the Evaluation Software:
for any illegal or fraudulent activity;
to violate the rights of others;
to threaten, incite, promote, or actively encourage violence, terrorism, or other serious harm;
for any content or activity that promotes child sexual exploitation or abuse;
to violate the security, integrity, or availability of any user, network, computer or communications system, software application, or network or computing device; and
in violation of the Oxen AI Policy available at https://www.oxen.ai/ai-policy.
7.6 You shall not import or allow others to import into the Evaluation Software any:
trojan horse, worm, virus or other code which does not serve a legitimate purpose, and which is designed to be destructive, disabling or harmful or enables unauthorized access to, or disclosure or corruption of information or software;
data regulated by the Payment Card Industry Data Security Standards, or other financial account numbers or credentials;
information regulated by the U.S. Health Insurance Portability and Accountability Act;
social security numbers (or local equivalent), driver’s license numbers, or other government ID numbers;
sensitive personal data (including special categories of personal data defined under (i) the California Consumer Privacy Act, as amended by the California Privacy Rights Act, or (ii) Article 9 and criminal offence data defined under Article 10 of the E.U. and U.K. General Data Protection Regulation);
personal data of individuals under 16 years old;
information subject to regulation or protection under the U.S. Gramm-Leach-Bliley Act, U.S. Children’s Online Privacy Protection Act or similar foreign or domestic laws; or (h) content that violates a third party’s intellectual property rights.
7.7 If you set your Repositories or pages to be viewed publicly, you grant each User of Oxen and Oxen a nonexclusive, worldwide license to process, use, display, and perform Your Data through the Oxen Service and to reproduce Your Data on Oxen as permitted through Oxen’s functionality (for example, through forking). You may grant further rights if you adopt a license. If you are uploading Your Data you did not create or own, you are responsible for ensuring that the Content you upload is licensed under terms that grant these permissions to other Oxen Users.
7.8 Whenever you add Your Data to a repository containing notice of a license, you license that Your Data under the same terms, and you agree that you have the right to license that Your Data under those terms. If you have a separate agreement to license that Your Data under different terms, such as a contributor license agreement, that agreement will supersede.
8 Oxen Data
8.1 Oxen may collect, and process data related to your use of the Evaluation Software. To the extent that this data includes personal data, Oxen is a data controller under the GDPR and the UK GDPR and complies with applicable privacy laws and Oxen’s Privacy Policy found at https://www.oxen.ai/about/privacy/.
8.2 User Metrics: Oxen may automatically collect and analyze data about your usage of the Evaluation Software. This data includes technical logs, frequency of logins, number of Repositories, number of Organizations, Collaborators, models used, and feature usage and engagement. Oxen may collect user interaction and navigation data, including clickstream and mouse tracking. When Oxen uses User Metrics for any purposes other than those described in the Privacy Policy, it is anonymized of personal data and Your Data in accordance with applicable law.
8.3 Metadata: Oxen may automatically collect and analyze data that describes a customer’s Your Data, Models, Organizations, and Repositories. This includes data points such as dataset summary statistics, dataset size, Repository type, Model accuracy metrics, run times, Repository and Model flags or errors, specific Models and blueprints run, and the parameters of such Models and blueprints (collectively “Metadata”). Metadata is always anonymized of personal data and Your Data.
9 Compute; Notebooks; Third Party Products
9.1 To the extent the Order includes compute, notebooks, or other integrations, Customer may be granted limited access to compute infrastructure, notebooks, large language models, vector databases, or other third party products (each a “Third Party Product”). Oxen provides access to Third Party Products for convenience so Customer may evaluate them for potential purchase from the respective provider.
9.2 Third Party Products: (a) are not Oxen products; (b) do not constitute part of the Solution; (c) may change during the Subscription Term; and (d) are subject to availability from providers.
9.3 Oxen provides no warranties related to any Third Party Products and expressly disclaims any liability arising from, or in connection with, any Third Party Products.
9.4 You agree to comply with the Third Party Product usage restrictions set forth in the Oxen AI Policy available at https://www.oxen.ai/legal/ai-policy.
10 Confidentiality
10.1 “Confidential Information” means all information of a party or its affiliates (“Discloser”) disclosed to the other party (“Recipient”) that is identified as confidential at the time of disclosure or should be reasonably known by the Recipient to be confidential due to the nature of the information and the circumstances surrounding the disclosure.
10.2 The Recipient will:
not use the Discloser’s Confidential Information for any purpose outside of the evaluation;
not disclose such Confidential Information to any person or entity other than on a need-to-know basis;
ensure that anyone Confidential Information is disclosed to is bound by written obligations of confidentiality in place with the Recipient; and
use reasonable measures to protect the confidentiality of such Confidential Information.
10.3 If the Recipient is required by applicable law or court order to make any disclosure of such Confidential Information, it will first, if legally permitted, give written notice to the Discloser. To the extent within its control, the Recipient shall permit the Discloser to intervene in any relevant proceedings to protect its interests in its Confidential Information.
10.4 Confidential Information will not include information that the Recipient can show:
was rightfully in its possession or known to it prior to receipt without any restriction on its disclosure;
is or becomes publicly known through no breach of these Terms;
is independently developed without the use of the other party’s Confidential Information; or
is rightfully obtained from a third party without breach of any confidentiality obligation.
10.5 The Recipient acknowledges that unauthorized disclosure of the Discloser’s Confidential Information could cause substantial harm to the Discloser for which damages would not be an adequate remedy.
11 No Warranty
11.1 You acknowledge that the Evaluation Software may be used to provide prediction capabilities based on Your Data. Oxen gives no warranty as to the accuracy, correctness, or completeness of any predictive model used by the Evaluation Software or predictions made by the Evaluation Software.
11.2 All software, documentation, support, upgrades and services are provided “as is” without any warranty and all other conditions, warranties or other terms which might have effect or be implied or incorporated into these Terms, whether by statute, common law or otherwise are excluded.
12. Indemnification
12.1 You agree to defend, at your cost, Oxen against any third party claim arising from your breach of Sections 2, 6 or 7 and you shall pay all costs and damages finally awarded against Oxen by a court of competent jurisdiction because of any such claim, provided that Oxen (i) gives reasonable notice of any such claim and (ii) reasonably cooperates with you as necessary, at your expense.
13 Limitation Of Liability
Neither party’s liability for any damages (whether for breach of contract, misrepresentations, negligence, strict liability, other torts or otherwise) under this Agreement will exceed an amount equal to $100. This limitation will apply notwithstanding any failure of essential purpose of any remedy. Notwithstanding the above, nothing in these Terms will limit or exclude liability for:
any matter which by law may not be excluded or limited;
your breach of Sections 2 (Restrictions on Use of the Evaluation Software) or 6 (Your Data), or your indemnity obligations in Section 12 of these Terms.
14 Export
Each party will comply with applicable laws and regulations governing the export, re-export, and transfer of the Solution and will obtain all required local and extraterritorial authorizations, permits or licenses.
15 Notices
15.1 All notices required to be given under these Terms shall be in writing and delivered by hand, email, first class prepaid mail or recorded delivery mail.
15.2 Notices for Oxen shall be sent to legal@oxen.ai and Oxen Labs, Inc., 2219 Main St, Unit #346, Santa Monica CA 90405, U.S.A., Attn: Legal.
15.3 Notices for you shall be sent to the email address provided at the time of registration.
15.4 Notice will be deemed given:
when received, if delivered by hand or email; or
the next business day after it is sent, if sent by first class prepaid mail or recorded delivery;
five business days following postage if sent internationally.
16 Entire Agreement
These Terms and any documents referred to in them are the complete and exclusive statement of the parties’ agreement and supersede all proposals or prior arrangements, understandings or agreements between the parties relating to the subject matter described herein.
17 General
17.1 Unless expressly stated otherwise herein, there are no third party beneficiaries to these Terms and no third party shall have the right to enforce any of these Terms
17.2 Any waiver or modification of the provisions of these Terms will only be effective if in writing and signed by both parties. Waivers and amendments to this Agreement shall be effective only if made by non-pre-printed agreements clearly understood by both parties to be an amendment or waiver to these Terms.
17.3 If the whole or any part of a provision of these Terms are held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will be unaffected. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
17.4 No failure or delay by a party to exercise any right or remedy provided under these Terms or by law will constitute a waiver of that or any other right or remedy, nor will it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy will prevent or restrict the further exercise of that or any other right or remedy.
17.5 Oxen is an independent contractor and not an employee of Customer. At no time shall either party make any commitments or incur any charges or expenses for or in the name of the other party, or be considered the agent, partner, joint venture, employer or employee of the other party.
17.6 Neither party may assign this Agreement without the prior written approval of the other, which approval will not be unreasonably withheld or delayed, provided that either party may assign any of its rights and/or obligations herein to any of its Affiliates; or to any entity that acquires all or substantially all of its assets, provided always that the assignee is in a position to discharge the obligations of the assignor.
17.7 Neither the Uniform Commercial Code (UCC), United Nations Convention on Contracts for the International Sale of Goods nor the Uniform Computer Information Transactions Act (UCITA) will apply to the Evaluation Software.
17.8 Except as may be stated in relation to any SCCs (as defined in Oxen’s Data Processing Policy), these Terms and any dispute (whether contractual or non-contractual) arising out of or in connection with them, their subject matter or formation will be governed by and interpreted and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles, and will be subject to the exclusive jurisdiction of the federal and state courts located in Dover, Delaware. Each party consents to the exclusive personal jurisdiction and venue of such courts.