License Terms & Conditions
Last Updated: April 4, 2025
This Agreement applies to any individual person or entity ("You", "Your" or "Licensee") that uses or distributes any portion or element of the Pony Materials or Derivative Works thereof for any purpose. By using or distributing any portion or element of the Pony Materials or Derivative Works, You agree that You have read, understood and are bound by the terms of this Agreement.
"Agreement" means this Pony License Agreement.
"Affiliate(s)" means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity; for purposes of this definition, "control" means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
"Commercial Purpose" means any purpose that is primarily intended for commercial advantage or monetary compensation.
"Derivative Work(s)" means (a) any derivative work of the Pony Materials as recognized by copyright laws and (b) any modifications to a Model, and any other model created which is based on or derived from the Model or the Model's output, including but not limited to:
"Fine-tuned" models or adaptations created by additional training of the original Model on any dataset;
Models created by transfer learning, knowledge distillation, or any other technique that leverages the weights, parameters, or knowledge of the original Model;
Any model that incorporates or is initialized with any portion of the Model's weights or parameters.
"Model(s)" means proprietary machine learning models, trained model weights, parameters, optimizer states, and any byproducts of a training or pretraining process.
"Non-Commercial Purpose" means any purpose that is not primarily intended for commercial advantage or monetary compensation, such as personal use, hobbyist projects, or evaluation and testing.
"Output" means the results of operating a Model as embodied in informational content resulting therefrom. Output is not considered a Derivative Work.
"Pony Materials" means, collectively, proprietary Models, Software and Documentation (and any portion or combination thereof) made available under this Agreement.
"Research Purpose" means academic or scientific advancement, and in each case, is not primarily intended for commercial advantage or monetary compensation.
"Software" means proprietary software made available under this Agreement.
Subject to the terms of this Agreement, Licensor grants You a non-exclusive, worldwide, non-transferable, non-sublicensable, revocable, and royalty-free limited license to use, reproduce, distribute, and create Derivative Works of, and make modifications to, the Pony Materials for any Research or Non-Commercial Purpose.
Subject to the terms of this Agreement, Licensor grants You a non-exclusive, worldwide, non-transferable, non-sublicensable, revocable, and royalty-free limited license to use, reproduce, distribute, and create Derivative Works of, and make modifications to, the Pony Materials for Commercial Purposes, provided that:
You or Your Affiliate(s), either individually or in aggregate, generate less than USD $1,000,000 in annual revenue (or the equivalent thereof in Your local currency); and
Your use does not involve offering the Pony Materials or Derivative Works as a hosted service or application programming interface; and
Your use does not involve professional movie or animation production.
If at any time You or Your Affiliate(s) exceed the revenue threshold, or engage in excluded activities, the license granted under this Section III.B shall automatically terminate, and You must request a license from Licensor pursuant to Section III.C.
If You or Your Affiliate(s), either individually or in aggregate, generate more than USD $1,000,000 in annual revenue (or the equivalent thereof in Your local currency), or if You wish to offer the Pony Materials or Derivative Works as a hosted service or application programming interface, or if You engage in professional movie or animation production, You must request a separate license from Licensor, which Licensor may grant to You in its sole discretion.
If You distribute or make available the Pony Materials or a Derivative Work to a third party, You shall:
Provide a copy of this Agreement to that third party;
Retain the following attribution notice within a "Notice" text file distributed as a part of such copies: "This Model is licensed under the Pony License. All Rights Reserved."; and
Prominently display "Powered by PurpleSmartAI, INC" on a related website, user interface, blogpost, about page, or product documentation.
If You create a Derivative Work, You may add your own attribution notice(s) to the "Notice" text file included with that Derivative Work, provided that You clearly indicate which attributions apply to the Pony Materials and state in the "Notice" text file that You changed the Pony Materials and how it was modified.
You may not use the Pony Materials or Derivative Works for:
Any way that violates any applicable national, federal, state, local or international law or regulation;
Exploiting, harming or attempting to exploit or harm minors in any way;
Generating or disseminating verifiably false information with the purpose of harming others;
Generating or disseminating personal identifiable information that can be used to harm an individual;
Defaming, disparaging or otherwise harassing others;
Fully automated decision making that adversely impacts an individual's legal rights or otherwise creates or modifies a binding, enforceable obligation;
Any use intended to discriminate against or harm individuals or groups based on online or offline social behavior or personal or personality characteristics;
Exploiting vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics;
Discriminating against individuals or groups based on legally protected characteristics or categories;
Providing medical advice and medical results interpretation;
Generating information for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime;
Creating deepfake content intended to deceive or mislead others about the identity or actions of real individuals;
Creating, distributing, or promoting content that sexualizes minors or depicts minors in harmful, exploitative, or inappropriate situations;
Creating, promoting, or disseminating content that reinforces or perpetuates harmful racial stereotypes;
Generating hate speech or content that promotes violence, discrimination, or hostility against individuals or groups based on attributes such as race, ethnicity, gender, religion, sexual orientation, or disability.
This Agreement must be included with all distributions of the Pony Materials or any Derivative Works.
Any Derivative Work You create or distribute must be licensed under terms no less restrictive than this Agreement.
You may not circumvent the license terms by creating Derivative Works that attempt to replicate the functionality of the Pony Materials while avoiding the terms of this Agreement.
This license is expressly designed to apply to all Derivative Works, including but not limited to fine-tuned models, to ensure the terms and conditions flow through to all modifications and adaptations of the original Model.
No trademark licenses are granted under this Agreement, and You may not use any name or mark owned by or associated with Licensor or any of its Affiliates, except as required under Section IV.A herein.
As between You and Licensor, You are the owner of Derivative Works You create, subject to Licensor's ownership of the Pony Materials and any Derivative Works made by or for Licensor.
As between You and Licensor, You own any outputs generated from the Models or Derivative Works to the extent permitted by applicable law.
If You or Your Affiliate(s) institute litigation against Licensor alleging that the Pony Materials, Derivative Works or associated outputs constitute infringement of intellectual property rights, any licenses granted to You under this Agreement shall terminate immediately. You will indemnify and hold harmless Licensor from claims arising out of Your use or distribution of the Pony Materials or Derivative Works in violation of this Agreement.
UNLESS REQUIRED BY APPLICABLE LAW, THE PONY MATERIALS AND ANY OUTPUT AND RESULTS THEREFROM ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OR LAWFULNESS OF USING OR REDISTRIBUTING THE PONY MATERIALS, DERIVATIVE WORKS OR ANY OUTPUT OR RESULTS AND ASSUME ANY RISKS ASSOCIATED WITH YOUR USE.
IN NO EVENT WILL LICENSOR OR ITS AFFILIATES BE LIABLE UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, PRODUCTS LIABILITY, OR OTHERWISE, ARISING OUT OF THIS AGREEMENT, FOR ANY LOST PROFITS OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF LICENSOR OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING.
The term of this Agreement will commence upon Your acceptance of this Agreement or access to the Pony Materials and will continue until terminated in accordance with the terms and conditions herein. Licensor may terminate this Agreement if You are in breach of any term or condition of this Agreement. Upon termination, You shall delete and cease use of any Pony Materials or Derivative Works. Sections IV.D, IV.E, and IV.H shall survive the termination of this Agreement.
This Agreement will be governed by and constructed in accordance with the laws of the United States and the State of Delaware without regard to choice of law principles, and the UN Convention on Contracts for International Sale of Goods does not apply to this Agreement.