The Service Terms govern your use of and access to the Services. Capitalized terms used in these Service Terms but not defined below are defined in the Terms of Service Agreement published at https://www.digitalocean.com/legal/terms-of-service-agreement or other written agreement in effect between you (referred to from time to time as a “Customer” for purposes of these Service Terms) and us (referred to from time to time as DigitalOcean) governing use of and access to the Services (the “Agreement”).
1.1 General. Service Terms include those set forth herein and any additional terms DigitalOcean may provide in writing, including terms presented at the time of purchase, in-product notices, or terms made available through DigitalOcean’s Documentation. Access to or use of the Services constitutes acceptance of the applicable Service Terms by Customer. If Customer does not agree to the applicable Service Terms, it may not access or use the Services, and DigitalOcean grants no license or right to use the Services.
1.2 Service Level Commitments. Certain Service Terms include applicable service level agreements available at https://www.digitalocean.com/sla (each, an “SLA”). Each SLA applies solely to the Services identified therein, is subject to the terms, conditions, limitations, and restrictions specified in such SLA, and is incorporated into and forms part of the Agreement.
1.3 Miscellaneous.
a. You may not transfer outside of the Services any software (or related Documentation) you obtain from us or a third-party licensor in connection with the Services without specific, written permission to do so.
b. You must comply with current technical product documentation applicable to the Services available at https://docs.digitalocean.com/ (and any successor or related locations designated by us).
c. You will ensure all information you provide to us is accurate, complete, and not misleading.
d. From time to time, we may apply upgrades, patches, bug fixes, or other maintenance of the Services. We may provide you notice of such scheduled maintenance (except for emergency maintenance), and you agree to use reasonable efforts to comply with any maintenance requirements we notify you about.
e. If you process the personal data of any third parties, including your End Users or other identifiable individuals in your use of a Service, you are responsible for providing legally adequate privacy notices and obtaining necessary consents for processing, storage, use, and transfer of such data, including providing any required notices and obtaining any required parental consent under the Children’s Online Privacy Protection Act (“COPPA”) or any other similar or different laws. You represent to us that you have provided all necessary privacy notices and obtained all necessary consents. You are responsible for processing such data in accordance with applicable law.
f. Certain Services may incorporate generative AI features, some of which may be powered by the DigitalOcean Gradient™ AI Platform Service, that enable you to use prompts or inputs to generate outputs. The output you generate is considered your Services Content. Due to the nature of machine learning, output may not be unique across customers and the Services may generate the same or similar results across customers. Outputs constitute draft text or images, created based on probabilistic methods, which may not be accurate and should not be relied upon without confirmation that they meet your specific needs. Services incorporating generative AI features are not intended for use in, or in association with, the operation of any hazardous environments or critical systems that may lead to serious bodily injury or death or cause environmental or property damage, automated decision-making, or to make legal, tax, or financial decisions. Services used in support of healthcare services are not medical devices and are not intended to be used by themselves for any clinical decision-making or other clinical use. We have no obligation or liability to you with respect to any claim arising from your use of generative AI features of select Services that: (i) arises from output you generate through use of the generative AI features of Services that either alone or as combined by you infringe or misappropriate any third-party’s intellectual property rights; (ii) if you interfere with or fail to enable available filters, guardrails, or other tools, or disregard instructions on how to properly use the Services provided in the TOS and product documentation or in other materials we may make available to you; (iii) if your use of the Services breaches this TOS; (iv) if you have fine-tuned, refined, customized or modified the output or the generative AI feature of select Services and the alleged infringement or misappropriation would not have occurred but for this fine-tuning, refinement, customization, or modification; (v) arising after you receive notice to stop using the Service or feature of the Service; (vi) arising from output that you know or reasonably should know may infringe or misappropriate any third-party’s intellectual property rights; and (vii) alleging that your use of the output infringes on a third-party’s trademark or related rights. To the fullest extent possible under applicable law, you are responsible for your use of generative AI outputs generated by the Services.
a. Third-party models accessible through the DigitalOcean Gradient AI Platform Service are made available to you as Third-Party Services and are subject to additional third-party license terms specified in the DigitalOcean Gradient AI Platform Service, Playground, and related documentation. Your access to and use of third-party models on the DigitalOcean Gradient AI Platform Service and Playground may require you to review and accept the Third-Party Services’ terms and conditions to proceed.
b. As part of providing the DigitalOcean Gradient AI Platform Service and Playground, we may use manual and automated abuse detection mechanisms designed to detect harmful content, including related to potential violations of our or third-party model providers’ terms of service or acceptable use policies. Further, if these mechanisms detect apparent child sexual abuse material, you agree and instruct that we may report the incident to the National Center for Missing and Exploited Children or other authority. In addition, we may share information, that does not include your Services Content, about your use of a third-party model on DigitalOcean Gradient AI Platform Service with the provider of that third-party model.
c. DigitalOcean Gradient AI Platform Service and Playground feature may allow you to customize models with data you provide (for example, by fine-tuning). You will have exclusive use of your customized model. Third-party model providers cannot access your customized model. We will not access or use your customized model except as necessary to maintain or provide the DigitalOcean Gradient AI Platform Service and the Playground feature, or as necessary to comply with law or a binding order of a governmental body.
d. Attribution. For information about the DigitalOcean Gradient AI Platform Service and Playground open source attribution notice, please click here: Gen AI Platform Service - Attribution Notice File.
e. DigitalOcean Gradient AI Platform Service’s Playground feature is intended for experimentation purposes only, and any outputs or agents that may be created using the feature should not be used with production data or put into production.
f. Output generated by models accessed through DigitalOcean Gradient AI Platform Service or through the Playground feature may include information such as metadata, digital signatures, or watermarks to identify it is generated using a generative artificial intelligence model (“Provenance Data”). Neither you nor any End User may modify, tamper with, remove, obscure, or otherwise alter such Provenance Data.
g. Guardrails. We may provide Guardrails as part of the Gradient AI Platform Service. “Guardrails” are provided as an approach to help you implement safeguards on outputs generated from foundation models. Although they are industry standard, this technology is nascent and may not always work as intended. Please review outputs to ensure they meet your needs. DigitalOcean is not responsible if Guardrails do not perform as intended or expected.
“Cloudways Services” mean any services offered by DigitalOcean under the brand name Cloudways on its Website including but not limited to cloud application deployment, management and infrastructure management – commonly referred to as the “Cloudways Platform.” The following Service Terms apply to your use of Cloudways Services inclusive of the Cloudways Platform:
a. We charge in arrears for Cloudways Services, meaning that you will receive an invoice during the first week of each month for the Cloudways Services that you used in the previous month. You may cancel your Cloudways Services account at any time through your account settings or by contacting Cloudways support to avoid future charges (see https://support.cloudways.com/en/articles/5119918-how-do-i-cancel-my-account for more information on how to cancel).
b. Cloudways Services are a “pay as you go” service, meaning you will only pay for the resources that you have actually used and for the time that you have actually used them (minimum time fraction for billing related purposes is one hour increments).
c. Notwithstanding anything to the contrary in the TOS, we will refund your unused prepaid account funds for Cloudways Services if a valid refund request is submitted within three months of funds addition. However, the refund will not include the amount already deducted for Cloudways Services consumed prior to the date such refund is issued. For the avoidance of doubt, this refund provision only applies to Cloudways Services.
d. Some of the Cloudways Services may require that you establish your own account with one or more third-party cloud providers (“Cloud Provider”). You will be solely responsible for paying for and establishing an account (“Customer Cloud Provider Account”) with each third-party Cloud Provider you select, and for compliance with the third-party Cloud Provider’s terms. You must provide us with your Customer Cloud Provider Account credentials (the “CP Key”) that are necessary for us to access and manage your use of the third-party Cloud Provider’s servers, including, without limitation, accessing servers as necessary to identify or resolve technical problems or to respond to any issues related to or connected with the Cloudways Services. We will use reasonable efforts to maintain the confidentiality and security of your CP Keys.
e. Solely in connection with the Cloudways Services, we have also established our own accounts (“Cloudways Provider Accounts”) with one or more third-party Cloud Providers, which we may use to provide you with the Cloudways Services. We will be responsible for paying for and establishing Cloudways Provider Accounts, provided that you will be responsible for paying us the portion of the Cloud Provider fees allocated to you (of which you will be notified in advance), and for compliance with applicable Cloud Provider terms.
f. PLEASE KEEP IN MIND THAT SOME OF THE CONTENT THAT WE MAKE AVAILABLE TO YOU THROUGH CLOUDWAYS SERVICES MAY ORIGINATE FROM THIRD-PARTY CLOUD PROVIDERS AND APPLICATIONS. ALL SUCH THIRD-PARTY CONTENT IS PROVIDED TO YOU “AS IS” AND YOUR USE THEREOF MAY BE SUBJECT TO CHANGE AND/OR REMOVAL AT ANY TIME. WE SHALL, UNDER NO CIRCUMSTANCES WHATSOEVER, ACCEPT LIABILITY RESULTING FROM YOUR USE OF ANY SUCH THIRD-PARTY SERVICES AND/OR CONTENT. WE ARE NOT LIABLE OR RESPONSIBLE FOR SERVICE UNAVAILABILITY CAUSED BY THE ACTIONS OF THE OTHER CLOUD PROVIDERS.
g. You may neither share nor re-sell your Cloudways Services account to any third-parties. Unless you have been specifically permitted to do so in a separate agreement with us, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Cloudways Services for any purpose.
h. We may offer (or act as intermediary in the offering of) certain application trials including the ability for you to install the application on a temporary basis for trial purposes. YOU ACKNOWLEDGE THAT SUCH TRIALS ARE INTENDED TO BE TEMPORARY INSTALLATIONS AND THAT WE MAY DELETE APPLICATIONS AND SHUT DOWN RELEVANT SERVERS AT ANY TIME.
i. We may automatically shut down applications and servers at various times, including without limitation, when you log out of the Cloudways Service, if you do not respond to a prompt after a certain period of time, or if you explicitly request us to do so, or if we detect that your application or server is malfunctioning. The data and software may be backed up during this process and may be restored, but such restoration is not guaranteed to reproduce the exact state of the application or server at the time the backup was created by us, particularly if you have used the “terminal” capability or otherwise directly accessed the server.
j. We do not promise to retain any preservations or backups on your behalf, and do not guarantee the completeness of any backup. You are solely responsible for the integrity, preservation, and backup of your Cloudways Services and content, regardless of whether your use of Cloudways Services includes a backup feature or functionality. Without limiting the foregoing, to the fullest extent permitted by law, we shall have no liability for any data loss, unavailability, or other consequences related to the foregoing.
4.1 Pursuant to Section 1.1 (Universal Service Terms), the DigitalOcean Gradient™ AI Platform Service facilitates access to models developed and licensed by third-party providers. By purchasing, deploying, or accessing these models, Customer agrees to the following:
Alibaba Qwen3-32B Use is subject to the Apache 2.0 License.
Anthropic Claude Models Use is subject to the Anthropic Terms including Service Specific Terms for Claude for Work (Team Plan; Enterprise Plan). Under such terms, customer acknowledges it must inform its Users that: (i) they are accessing an administered service offering that enables Customer’s access to and control over data submitted to the Services by Customer and its Users, and (ii) use of the Services are subject to Anthropic policies, including the Privacy Policy and Acceptable Use Policy. Customer is responsible for obtaining any necessary User consents and providing all User notices required by applicable law.
Black-forest-labs FLUX.1-schnell (fal.ai). Use is subject to the Apache 2.0 License.
DeepSeek Models (R-1): Use of these models is subject to Deepseek Terms and the MIT License. Customer shall not use “DeepSeek” trademarks or branding in any product or domain names without prior written authorization from DeepSeek.
Elevenlabs TTS Multilingual v2 (fal.ai): Use is subject to the Mozilla Public License 2.0.
Meta Llama Models (3.3 & 3.1): These models are subject to the Meta Llama Community License. Copyright © Meta Platforms, Inc. All Rights Reserved.
Mistral (Nemo Instruct): Use is subject to the Apache 2.0 License.
Moonshot AI Kimi: Use is subject to a Modified MIT license. If Customer’s application utilizing Moonshot AI reaches 100 million monthly active users or $20M in monthly revenue, Customer must prominently display the Moonshot AI copyright and license notice within the application’s user interface.
OpenAI Models (including GPT-series): Use is subject to the OpenAI Policies and Service Terms. Customer must inform its Users to utilize APIs only in accordance with the applicable documentation at https://developers.openai.com/api/docs. OpenAI GPT-oss is subject to the Apache 2.0 License.
MiniMax M2.5: Use is subject to the MiniMax M2.5 Model License. Customer must include the attribution “Built with MiniMax AI” in a prominent location within any application using these services. Use for “fully automated decision-making” with legal or material impacts is prohibited. Voice-cloning features require Customer to obtain and maintain explicit, written legal authorization from the applicable individual.
NVIDIA Triton: The AI Services utilize NVIDIA Triton Inference Server, licensed under the BSD License. Copyright © 2018-2020 NVIDIA Corporation. All rights reserved.
StabilityAI (fal): Use of SD-XL 1.0 (Fast SDXL) is subject to an Openrail++ License. Use of Stable Audio 2.5 (Test-to-Audio) is subject to ________________ license.
Z.ai GLM 5: Use is subject to the MIT License.
4.2 Gated Model Access. Certain third-party models available through the Service are designated as “Gated Models.” Access to Gated Models is contingent upon Customer’s explicit acceptance of, and ongoing compliance with, the specific license terms, acceptable use policies, or end-user license agreements prescribed by the respective Model Provider.
4.3 Model Distillation and Intellectual Property. Customer and its End Users are strictly prohibited from using the AI Services, or any outputs or data derived therefrom, to “distill,” develop, train, or improve any artificial intelligence models, algorithms, or machine learning technologies that compete with the underlying third-party model providers.
4.4 Mandatory Disclosures and Attribution. Customer shall not inaccurately represent that output data is human-authored. To the extent required by the providers in Section 4.1, Customer must provide clear and conspicuous notice to its End-Users that the content generated by the AI Services is machine-generated.
4.5 Data Governance and Training Opt-Out. Customer acknowledges that certain third-party providers may, by default, utilize input and output data for model improvement purposes. Customers remain solely responsible for verifying their privacy configurations and providing all necessary notices to End Users regarding data processing by these third-parties.