Commercial Terms of Service changed Anthropic, Mar 2, 2025
Anthropic · Mar 2, 2025 · 37 added, 168 removed · found in an Internet Archive capture
- Added: These Commercial Terms of Service (" Terms ") are an agreement between Anthropic and you or the organization, company, or other entity that you represent (" Customer "). " Anthropic " means Anthropic Ireland, Limited if Customer resides in the European Economic Area (" EEA "), Switzerland or UK, and Anthropic, PBC if Customer resides anywhere else. They govern Customer's use of Anthropic API keys and any other Anthropic offerings that references these Terms, as well as all related Anthropic tools, documentation and services (the " Services "). These Terms are effective on the earlier of the date that Customer first electronically consents to a version of these Terms and the date that Customer first accesses the Services (" Effective Date ").
- Added: Please note : You may not enter into these Terms on behalf of an organization, company, or other entity unless you have the legal authority to bind that entity. Services under these Terms are not for consumer use. Our consumer offerings (e.g., Claude.ai) are governed by our Consumer Terms of Service instead.
- Added: Overview. Subject to these Terms, Anthropic gives Customer permission to use the Services, including to power products and services Customer makes available to its own customers and end users (" Users ").
- Added: Third Party Features. Customer may elect (in its sole discretion) to use features, services or other content made available by third parties to Customer through the Services (" Third Party Features "). Customer acknowledges and agrees that Third Party Features are not Services and, accordingly, Anthropic is not responsible for them.
- Added: Feedback. If Customer provides (in its sole discretion) Anthropic with feedback regarding the Services, Anthropic may use that feedback at its own risk and without obligation to Customer.
- Added: As between the parties and to the extent permitted by applicable law, Anthropic agrees that Customer (a) retains all rights to its Inputs, and (b) owns its Outputs. Anthropic disclaims any rights it receives to the Customer Content under these Terms. Subject to Customer's compliance with these Terms, Anthropic hereby assigns to Customer its right, title and interest (if any) in and to Outputs. Anthropic may not train models on Customer Content from Services. " Inputs " means submissions to the Services by Customer or its Users and " Outputs " means responses generated by the Services to Inputs (Inputs and Outputs together are " Customer Content ").
- Added: Data submitted through the Services will be processed in accordance with the Anthropic Data Processing Addendum (" DPA "), which is incorporated into these Terms by reference.
- Removed: These Commercial Terms of Service (" Terms ") are an agreement between Anthropic and you or the organization, company, or other entity that you represent (" Customer "). "Anthropic " means Anthropic Ireland, Limited if Customer resides in the European Economic Area ("EEA"), Switzerland or UK, and Anthropic, PBC if Customer resides anywhere else. They govern Customer's use of any Anthropic API key, the Anthropic Console, Team or enterprise tools, or any other Anthropic offerings that references these Terms (the " Services "). These Terms are effective on the earlier of the date that Customer first electronically consents to a version of these Terms and the date that Customer first accesses the Services (" Effective Date "). These Terms incorporate by reference our Service Specific Terms .
- Removed: Please note: You may not enter into these Terms on behalf of an organization, company, or other entity unless you have the legal authority to bind that entity. Services under these Terms are not for consumer use. Our consumer offerings (e.g., Claude.ai) are governed by our Consumer Terms of Service instead.
- Removed: Overview. Subject to these Terms, Customer may use the Services, including to make submissions to the Services (" Prompts ") and generate responses to its Prompts (" Outputs " and, together with Prompts, " Customer Content ").
- Removed: Beta Services. Anthropic may offer Services that are in pre-release, beta, or trial form (" Beta Services "). This means that they are not suitable for production use and provided " as-is " on a temporary basis. Anthropic is not responsible for Customer's use of or reliance on Beta Services.
- Removed: Feedback. If Customer decides, in its sole discretion, to provide Anthropic with feedback regarding the Services, Anthropic may use that feedback at its own risk and without obligation to Customer.
- Removed: Customer Content. As between the parties and to the extent permitted by applicable law, Anthropic agrees that Customer owns all Outputs, and disclaims any rights it receives to the Customer Content under these Terms. Anthropic does not anticipate obtaining any rights in Customer Content under these Terms. Subject to Customer's compliance with these Terms, Anthropic hereby assigns to Customer its right, title and interest (if any) in and to Outputs. Anthropic may not train models on Customer Content from paid Services.
- Removed: Data Privacy. If Customer submits personal data or personally identifiable information (collectively, " PII ") to the Services, the Anthropic Data Processing Addendum in Exhibit A applies and is incorporated into these Terms by reference.
- Added: Policies and Service Terms. Customer and its Users may only use the Services in compliance with these Terms, including (a) the Usage Policy (" Usage Policy ", which was previously referred to as the Acceptable Use Policy), (b) our policy on the countries and regions Anthropic currently supports (" Supported Regions Policy ") and (c) our Service Specific Terms , each of which is incorporated by reference into these Terms. Customer must cooperate with reasonable requests for information from Anthropic to support compliance with its Usage Policy, including to verify Customer's identity and use of the Services.
- Removed: Acceptable Use Policy. Customer may only use the Services in compliance with these Terms, including the Acceptable Use Policy (" AUP "), which is incorporated by reference into these Terms, and which may be updated by Anthropic. Customer must use reasonable efforts to ensure the same of its customers or other end users (" Users "). Customer must cooperate with reasonable requests for information from Anthropic to support compliance with its AUP, including to verify Customer's identity and use of the Services.
- Added: Use Restrictions. Customer may not and must not attempt to (a) access the Services to build a competing product or service, including to train competing AI models or resell the Services except as expressly approved by Anthropic; (b) reverse engineer or duplicate the Services; or (c) support any third party's attempt at any of the conduct restricted in this sentence.
- Added: Service Account. Customer is responsible for all activity under its account. Customer will promptly notify Anthropic if Customer believes the account it uses to access the Services has been compromised, or is subject to a denial of service or similar malicious attack that may negatively impact the Services.
- Added: Confidential Information. The parties may share information that is identified as confidential, proprietary, or similar, or that a party would reasonably understand to be confidential or proprietary ( "Confidential Information" ). Customer Content is Customer's Confidential Information.
- Added: Obligations of Parties. The receiving party ( "Recipient" ) may only use Confidential Information of the disclosing party ( "Discloser" ) to exercise its rights and perform its obligations under these Terms. Recipient may only share Discloser's Confidential Information to Recipient's employees, agents, and advisors that have a need to know such Confidential Information and who are bound to obligations of confidentiality at least as protective as those provided in these Terms ( "Representatives" ). Recipient will protect Discloser's Confidential Information from unauthorized use, access, or disclosure in the same manner as Recipient protects its own Confidential Information, and with no less than reasonable care. Recipient is responsible for all acts and omissions of its Representatives.
- Added: Exclusions. Confidential Information excludes information that: (a) becomes publicly available through no fault of Recipient; (b) is obtained by Recipient from a third party without a breach of the third party's obligations of confidentiality; or (c) is independently developed by Recipient without use of Confidential Information. Recipient may disclose Discloser's Confidential Information to the extent it is required by law, or court or administrative order, and will, except where expressly prohibited, notify Discloser of the required disclosure promptly and fully cooperate with Discloser's efforts to prevent or narrow the scope of disclosure.
- Added: Destruction Request. Recipient will destroy Discloser's Confidential Information promptly upon request, except where retained to comply with law or copies in Recipient's automated back-up systems, which will remain subject to these obligations of confidentiality while maintained.
- Removed: Use Restrictions. Customer may not and must not attempt to (a) access the Services to build a competing product or service, including to train competing AI models except as expressly approved by Anthropic; (b) reverse engineer or duplicate the Services; or (c) support any third party's attempt at any of the conduct restricted in this sentence. Customer and its Users may only use the Services in the countries and regions Anthropic currently supports .
- Removed: Security. Customer will promptly notify Anthropic if Customer believes or knows that (a) the account it uses to access the Services has been compromised, or (b) Customer is subject to a denial of service or similar malicious attack that may negatively impact the Services.
- Removed: Confidential Information. The parties may share information that is identified as confidential, proprietary, or similar, or that a party would reasonably understand to be confidential or proprietary (" Confidential Information "). Customer Content is Customer's Confidential Information.
- Removed: Obligations of Parties. The receiving party (" Recipient ") may only use the Confidential Information of the disclosing party (" Discloser ") to exercise its rights and perform its obligations under these Terms. Recipient may only share Discloser's Confidential Information to Recipient's employees, agents, and advisors that have a need to know such Confidential Information and who are bound to obligations of confidentiality at least as protective as those provided in these Terms (" Representatives "). Recipient will protect Discloser's Confidential Information from unauthorized use, access, or disclosure in the same manner as Recipient protects its own Confidential Information, and with no less than reasonable care. Recipient is responsible for all acts and omissions of its Representatives. Recipient will promptly notify Discloser if it suspects or knows that Discloser's Confidential Information was breached, and agrees to cooperate to mitigate further risks of loss or misuse.
- Removed: Exclusions. Recipient's obligations with respect to Confidential Information do not apply if Recipient demonstrates that Discloser's Confidential Information was (a) already known to Recipient at the time of disclosure by Discloser, (b) disclosed to Recipient by a third party without a duty of confidentiality, (c) publicly available through no fault of Recipient, or (d) independently developed by Recipient without use of or access to Discloser's Confidential Information. Recipient may disclose Discloser's Confidential Information to the extent it is required by law, or court or administrative order, but will, except where expressly prohibited, notify Discloser of the required disclosure promptly and fully cooperate with Discloser.
- Removed: Destruction Request. Recipient will destroy Discloser's Confidential Information promptly upon request, except copies in Recipient's automated back-up systems, which will remain subject to these obligations of confidentiality while maintained.
- Added: Taxes. Fees do not include any taxes, duties, or assessments that may be owed by Customer for use of the Services (" Taxes "), unless otherwise specified in the applicable invoice. Customer is responsible for remitting any necessary withholding Taxes to the relevant authority on a timely basis and providing Anthropic with evidence of the same upon request. Where law provides for the reduction or elimination of withholding taxes, including via tax treaty, the parties will collaborate in good faith to do so. For clarity, Customer must pay Anthropic the amount (" Gross-up Payment ") that will ensure that Anthropic receives the same total amount that it would have received if no such withholding or reduction by Customer had been required (taking into account any and all applicable Taxes (including any Taxes imposed on the Gross-up Payment)).
- Removed: Taxes. Fees do not include any taxes, duties, or assessments that may be owed by Customer for use of the Services (" Taxes "), unless otherwise specified in the applicable invoice. Customer is responsible for remitting any necessary withholding Taxes to the relevant authority on a timely basis and providing Anthropic with evidence of the same upon request. Where law provides for the reduction or elimination of withholding taxes, including via Tax treaty, the parties will collaborate in good faith to do so. For clarity, Customer must pay Anthropic the amount (" Gross-up Payment ") that will ensure that Anthropic receives the same total amount that it would have received if no such withholding or reduction by Customer had been required (taking into account any and all applicable Taxes (including any Taxes imposed on the Gross-up Payment)).
- Added: Anthropic may suspend Customer's access to any portion or all of the Services if: (a) Anthropic reasonably believes or determines that (i) there is a risk to or attack on any of the Services; (ii) Customer or any User is using the Services in violation of Sections D.1 (Compliance), D.2 (Policies and Service Terms) or D.4 (Use Restrictions); or (iii) Anthropic's provision of the Services to Customer is prohibited by applicable law or would result in a material increase in the cost of providing the Services; or (b) any vendor suspends or terminates Anthropic's use of any third-party services or products required to enable Customer to access the Services (each, a " Service Suspension ").
- Removed: Anthropic may suspend Customer's access to any portion or all of the Services if: (a) Anthropic reasonably believes or determines that (i) there is a risk to or attack on any of the Services; (ii) Customer or any User is using the Services in violation of Sections B.1 (Compliance), B.2 (Acceptable Use Policy) or B.4 (Use Restrictions); or (iii) Anthropic's provision of the Services to Customer is prohibited by applicable law or would result in a material increase in the cost of providing the Services; or (b) any vendor of Anthropic has suspended or terminated Anthropic's use of any third-party services or products required to enable Customer to access the Services (each, a " Service Suspension ").
- Added: Effect of Termination. Upon termination, Customer may no longer access the Services. The following provisions will survive termination or expiration of these Terms: (a) Sections E (Confidentiality), G (Publicity), H (Fees), I (Termination and Suspension), J (Disputes), K (Indemnification), L.2 (Disclaimer of Warranties), L.3 (Limits on Liability), and M (Miscellaneous); (b) any provision or condition that must survive to fulfill its essential purpose.
- Added: Disputes. In the event of a dispute, claim or controversy relating to these Terms (" Dispute "), the parties will first attempt in good faith to informally resolve the matter. The party raising the Dispute must notify the other party (" Dispute Notice "). The other party will respond to the Dispute Notice in a timely manner. If the parties have not resolved the dispute within 45 days of delivery of the Dispute Notice, either party may seek to resolve the dispute through arbitration as stated in Section J.2 (Arbitration).
- Added: Arbitration. Any Dispute will be determined in English by final, binding arbitration according to the region-specific processes below. Judgment on any award issued through the arbitration process in this Section J.2 (Arbitration) may be entered in any court having jurisdiction. EACH PARTY AGREES THEY ARE WAIVING THE RIGHT TO A TRIAL BY JURY, AND THE RIGHT TO JOIN AND PARTICIPATE IN A CLASS ACTION, TO THE FULLEST EXTENT PERMITTED UNDER THE LAW IN CONNECTION WITH THESE TERMS.
- Added: For Customers residing in the EEA, Switzerland or UK, Disputes will be determined by a sole arbitrator in Dublin, Ireland pursuant the UNCITRAL Arbitration Rules as at present in force. The appointing authority shall be the President for the time being of the Law Society of Ireland.
- Removed: Effect of Termination. Upon termination, Customer may no longer access the Services. The following provisions will survive termination or expiration of these Terms: (a) Sections C (Confidentiality), E (Publicity), F (Fees), G.4 (Effect of Termination), H (Disputes), I (Indemnification), J.2 (Disclaimer of Warranties), J.3 (Limits on Liability), and K (Miscellaneous); (b) any provision or condition that must survive to fulfil its essential purpose.
- Removed: Disputes. In the event of a dispute, claim or controversy relating to these Terms (" Dispute "), the parties will first attempt in good faith to informally resolve the matter. The party raising the Dispute must notify the other party (" Dispute Notice "), who will have 15 days from the date of delivery of the Dispute Notice to propose a time for the parties to meet with appropriately leveled executives to attempt to resolve the Dispute. If the parties have not resolved the dispute within 45 days of delivery of the Dispute Notice, either party may seek to resolve the dispute through arbitration as stated in Section H.2 (Arbitration).
- Removed: Arbitration. Any Dispute will be determined in English by final, binding arbitration according to the region-specific processes below. Judgment on any award issued through the applicable arbitration process in this Section H.2 (Arbitration) may be entered in any court having jurisdiction. EACH PARTY AGREES THEY ARE WAIVING THE RIGHT TO A TRIAL BY JURY, AND THE RIGHT TO JOIN AND PARTICIPATE IN A CLASS ACTION, TO THE FULLEST EXTENT PERMITTED UNDER THE LAW IN CONNECTION WITH THESE TERMS.
- Removed: For Customers residing in the EEA, Switzerland, or UK, Disputes will be determined by a sole arbitrator in Dublin, Ireland pursuant the UNCITRAL Arbitration Rules as at present in force. The appointing authority shall be the President for the time being of the Law Society
- Added: Equitable Relief. This Section J (Disputes) does not limit either party from seeking equitable relief.
- Added: Claims Against Customer. Anthropic will defend Customer and its personnel, successors, and assigns from and against any Customer Claim (as defined below) and indemnify them for any judgment that a court of competent jurisdiction grants a third party on such Customer Claim or that an arbitrator awards a third party under any Anthropic-approved settlement of such Customer Claim. " Customer Claim " means a third-party claim, suit, or proceeding alleging that Customer's paid use of the Services (which includes data Anthropic has used to train a model that is part of the Services) in accordance with these Terms or Outputs generated through such authorized use violates any third-party intellectual property right.
- Added: Claims Against Anthropic. Customer will defend Anthropic and its personnel, successors, and assigns from and against any Anthropic Claim (as defined below) and indemnify them for any judgment that a court of competent jurisdiction grants a third party on such Anthropic Claim or that an arbitrator awards a third party under any Customer-approved settlement of such Anthropic Claim. " Anthropic Claim " means any third-party claim, suit, or proceeding related to Customer's or its Users' (a) Inputs or other data provided by Customer, or (b) use of the Services in violation of the Usage Policy, the Service Specific Terms, or Section D.4 (Use Restrictions). Anthropic Claims and Customer Claims are each a " Claim ", as applicable.
- Added: Exclusions. Neither party's defense or indemnification obligations will apply to the extent the underlying allegation arises from the indemnified party's fraud, willful misconduct, violations of law, or breach of the Agreement. Additionally, Anthropic's defense and indemnification obligations will not apply to the extent the Customer Claim arises from: (a) modifications made by Customer to the Services or Outputs; (b) the combination of the Services or Outputs with technology or content not provided by Anthropic; (c) Inputs or other data provided by Customer; (d) use of the Services or Outputs in a manner that Customer knows or reasonably should know violates or infringes the rights of others; (e) the practice of a patented invention contained in an Output; or (f) an alleged violation of trademark based on use of an Output in trade or commerce.
- Removed: Equitable Relief. This Section H (Disputes) does not limit either party from seeking equitable relief.
- Removed: Claims Against Customer. Anthropic will defend Customer and its personnel, successors, and assigns from and against any Customer Claim (as defined below) and indemnify them for any judgment that a court of competent jurisdiction grants a third party on such Customer Claim or that an arbitrator awards a third party under any Anthropic-approved settlement of such Customer Claim. " Customer Claim " means a third-party claim, suit, or proceeding alleging that Customer's paid use of the Services (which includes data Anthropic has used to train a model that is part of the Services) in accordance with these Terms or Outputs generated through such authorized use violates third-party patent, trade secret, trademark, or copyright rights.
- Removed: Claims Against Anthropic. Customer will defend Anthropic and its personnel, successors, and assigns from and against any Anthropic Claim (as defined below) and indemnify them for any judgment that a court of competent jurisdiction grants a third party on such Anthropic Claim or that an arbitrator awards a third party under any Customer-approved settlement of such Anthropic Claim. " Anthropic Claim " means any third-party claim, suit, or proceeding related to Customer's or its Users' (a) Prompts or (b) use of the Services in violation of the AUP, the Service Specific Terms , or Section B.4 (Use Restrictions). Anthropic Claims and Customer Claims are each a " Claim ", as applicable.
- Removed: Exclusions. Neither party's defense or indemnification obligations will apply to the extent the underlying allegation arises from the indemnified party's fraud, willful misconduct, violations of law, or breach of the Agreement. Additionally, Anthropic's defense and indemnification obligations will not apply to the extent the Customer Claim arises from: (a) modifications made by Customer to the Services or Outputs; (b) the combination of the Services or Outputs with technology or content not provided by Anthropic; (c) Prompts or other data provided by Customer; (d) use of the Services or Outputs in a manner that Customer knows or reasonably should know violates or infringes the rights of others; (e) the practice of a patented invention contained in an Output; or (f) an alleged violation of trademark based on use of an Output in trade or commerce.
- Added: Sole Remedy. To the extent covered under this Section K (Indemnification), indemnification is each party's sole and exclusive remedy under these Terms for any third-party claims.
- Added: L. Warranties and Limits on Liability
- Added: Warranties. Each party represents and warrants that (a) it is authorized to enter into these Terms; and (b) entering into and performing these Terms will not violate any of its corporate rules, if applicable. Customer further represents and warrants that it has all rights and permissions required to submit Inputs to the Services.
- Removed: Sole Remedy. To the extent covered under this Section I (Indemnification), indemnification is each party's sole and exclusive remedy under these Terms for any third-party claims.
- Removed: J. Warranties and Limits on Liability
- Removed: Warranties. Each party represents and warrants that (a) it is authorized to enter into these Terms; and (b) entering into and performing these Terms will not violate any of its corporate rules, if applicable. Customer further represents and warrants that it has all rights and permissions required to submit Prompts to the Services.
- Added: Except as stated in Section L.3.b, the liability of each party, and its affiliates and licensors, for any damages arising out of or related to these Terms (i) excludes damages that are consequential, incidental, special, indirect, or exemplary damages, including lost profits, business, contracts, revenue, goodwill, production, anticipated savings, or data, and costs of procurement of substitute goods or services and (ii) is limited to Fees paid by Customer for the Services in the previous 12 months.
- Added: The limitations of liability in this Section L.3 (Limits on Liability) do not apply to either party's obligations under Section K (Indemnification).
- Added: THE LIMITATIONS OF LIABILITY IN THIS SECTION L.3 (LIMITS ON LIABILITY) APPLY: (I) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW; (II) TO LIABILITY IN TORT, INCLUDING FOR NEGLIGENCE; (III) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (IV) EVEN IF THE BREACHING PARTY IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (E) EVEN IF THE INJURED PARTY'S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.
- Added: The parties agree that they have entered into these Terms in reliance on the terms of this Section L.3 (Limits on Liability) and those terms form an essential basis of the bargain between the parties.
- Added: Notices. All notices, demands, waivers, and other communications under these Terms (each, a " Notice ") must be in writing. Except for notices related to demands to arbitrate or where equitable relief is sought, any Notices provided under these Terms may be delivered electronically to the address provided to Anthropic if to Customer; and to notices@anthropic.com if to Anthropic. Notice is effective only: (a) upon receipt by the receiving party, and (b) if the party giving the Notice has complied with all requirements of this Section M.1 (Notices).
- Added: Electronic Communications. Customer agrees to receive electronic communications from Anthropic based on Customer's use of the Services and related to these Terms. Except where prohibited by applicable law, electronic communications may be sent via email, through the Services or Customer's management dashboard, or posted on Anthropic's website. Anthropic may also provide electronic communications via text or SMS about Customer's use of the Services or as Customer otherwise requests from Anthropic. If Customer wishes to stop receiving such messages, Customer may request it from Anthropic or respond to any such texts with "STOP".
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About this change
- Page
- anthropic.com/legal/commercial-terms
- Kind
- Terms
- Text hash
- fa16081f4518 to 1edaae75375b
- Dated by
- the first Internet Archive capture sampled that shows the new text; the change happened on or before this date