Rescale Service Specific Terms
These Service Specific Terms supplement and amend the Rescale Enterprise Agreement (or other written agreement between Customer and Rescale governing the use of Rescale Offerings, the “Agreement“). Capitalized terms not defined here have the meaning given in the Agreement. If there is a conflict, these Service Specific Terms control with respect to the subject matter here.
1. AI Physics
1.1 Description. AI Physics enables Customer to train, fine-tune, and deploy artificial intelligence and machine-learning models using Customer Data. AI Physics may involve (a) models trained or customized by Customer or a third party and (b) model architectures made available by Rescale.
1.2 Model Architectures. Model architectures Rescale makes available are governed exclusively by the open-source or other license terms that apply to them, as identified in the Documentation.
1.3 Customer Responsibilities. Whether AI Physics is used by Customer or by Rescale on Customer’s behalf, Customer is solely responsible for: (a) Customer Data processed through AI Physics, (b) holding rights, licenses, and permissions needed to use Customer Data with AI Physics, including to train, fine-tune, or otherwise develop machine-learning or artificial intelligence models, and (c) compliance with all laws, regulations, and third-party rights in connection with training and deploying models.
1.4 Rescale Commitments. As between the parties, Customer owns all rights, title, and interest in models resulting from Customer’s use of AI Physics; those models are Customer Data.
2. Advanced Modeling & Simulation and Agentic Engineering
2.1 Advanced Modeling & Simulation (AM&S). AM&S provides the modeling, simulation, data, and AI-Enabled Features identified for AM&S in the Documentation.
2.2 Agentic Engineering (AE). AE provides agentic, workflow, data, and AI-Enabled Features identified for AE in the Documentation. AE is also referred to as “Data Intelligence” in certain regional materials and Documentation; references to either term mean AE under these Service Specific Terms.
3. AI-Enabled Features
This Section applies to AI-Enabled Features in any Rescale Offering. Rescale identifies its AI-Enabled Features in the Documentation.
3.1 Model Providers. Rescale uses third-party models to operate AI-Enabled Features. The current Model Providers are identified in the Documentation.
3.2 Inputs and Outputs Are Customer Data. Inputs and Outputs are Customer Data under the Agreement. Because AI-Enabled Features are probabilistic, Outputs may not be unique and different customers may receive identical or substantially similar Outputs.
3.3 No Training. Rescale will not use Customer Data, including Inputs or Outputs, to train, retrain, or fine-tune any AI-Enabled Features or third-party models, and will not permit any Model Provider to do so.
3.4 Quality Assurance. Rescale may retain and internally review Inputs and Outputs for a limited period solely to (a) measure and improve the quality of AI-Enabled Features, (b) detect and remediate abuse, misuse, or security incidents, and (c) diagnose malfunctions or errors.
3.5 Customer Responsibilities.
(a) Lawful and Responsible Use. Customer is responsible for (i) the lawfulness of Inputs and Customer’s compliance with applicable laws, the Agreement, and the Model Provider policies identified in the Documentation; (ii) implementing the safeguards and human oversight necessary for its use of AI-Enabled Features, including approval and authorization processes for actions commensurate with their potential impact; and (iii) reviewing and verifying Outputs before relying on them, and for all decisions and actions taken based on Outputs.
(b) Customer Control of AI Actions. AI-Enabled Features that take actions on the Rescale Platform operate within the permissions and access controls of the invoking Authorized User. Customer configures Authorized User permissions to scope access and is responsible for all actions taken by AI-Enabled Features on its behalf.
(c) Restricted Uses. AI-Enabled Features and AI Physics are general-purpose engineering tools. Customer will not use them (i) as the sole or primary basis for safety-critical engineering decisions, regulatory submissions, or product certification without independent verification through Customer’s established engineering processes and qualified personnel; (ii) to make automated decisions producing legal or similarly significant effects on individuals without appropriate human review; or (iii) for any “prohibited AI practice” within the meaning of Regulation (EU) 2024/1689 or equivalent AI laws. Customer is responsible for determining whether its use triggers any high-risk, prohibited, transparency, or “provider” obligations under those laws (including those Customer assumes by training or substantially modifying a model using AI Physics) and for complying with them.
3.6 Suspension and Modification. Rescale may suspend or modify any AI-Enabled Feature at any time, including if required by a Model Provider, applicable law, or a material security risk. Rescale will provide notice to Customer’s Administrator promptly where practicable.
4. Rescale Forward-Deployed Engineering
4.1 FDE Services Description. Rescale’s FDE services (“FDE Services“) are hands-on implementation and technical-enablement services performed by Rescale Personnel to help Customer configure, adopt, optimize, or accelerate its use of Rescale Offerings.
4.2 Scope. FDE Services are intended to be fast-moving, collaborative, and dynamic, and may include: (a) onboarding, configuration, and environment setup; (b) workflow design, optimization, and orchestration for AI and physics-based modeling; (c) integrations, connectors, scripts, or workflow components that operate within or through the Rescale Platform; (d) technical guidance, best practices, and operational support; and (e) gathering Customer input that may inform future Rescale Platform features. FDE Services are structured around continuous collaboration, so no additional statement of work or acceptance process applies, unless otherwise agreed by Rescale in writing. Rescale will provide the FDE Services remotely or on Customer’s premises, as mutually agreed. For planning purposes, FDE Services assume eight (8) hours of service time per Rescale FDE resource per service day.
4.3 Engagement Model. FDE Services are provided on a fixed-term basis as set forth in the applicable Order Form, and are scheduled and delivered in coordination with Customer’s teams.
4.4 Rescale Responsibilities. Rescale will (a) perform FDE Services in a professional and workmanlike manner consistent with industry practice, (b) assign personnel with appropriate skills and experience to carry out the FDE Services, (c) if FDE Services are performed at Customer’s premises, require Rescale personnel to comply with Customer’s reasonable written onsite safety, security, and conduct policies made available to Rescale prior to the applicable onsite visit (for the avoidance of doubt, no such policies will be deemed to modify the terms of the Agreement), and (d) only access Customer systems, Customer Data, and Customer Materials to the extent necessary to perform the FDE Services. Deliverables resulting from FDE Services are not subject to any maintenance, support, or updates, unless Rescale elects, in its sole discretion, to provide such maintenance, support, or updates as part of the generally available Rescale Platform.
4.5 Customer Responsibilities. Customer (a) will provide reasonable cooperation and timely access to its personnel, systems, facilities, environments, and Customer Materials necessary for Rescale to perform the FDE Services, (b) is responsible for its internal systems, models, configurations, security posture, decision-making, and approvals relating to the use of the Rescale Platform and any Customer-controlled workflows, and (c) is responsible for ensuring that its use of any configurations, workflows, scripts, or agents developed or deployed through the FDE Services complies with Customer’s internal policies and the Agreement.
4.6 License to Rescale Materials. Subject to the Agreement and Customer’s active subscription, Rescale grants Customer a non-exclusive right to use Rescale Materials solely for Customer’s internal business purposes in connection with Rescale Offerings.
5. Rescale Publisher
5.1 Description. Rescale Publisher allows Customer to upload and use Licensed Software Applications within the Rescale Platform.
5.2 Customer Representations. Customer represents and warrants that (a) it has all necessary rights, licenses, and permissions to upload, configure, and use each Licensed Software Application on the Rescale Platform, and (b) its use of any Licensed Software Application on the Rescale Platform will not violate applicable laws, including U.S. and international trade control and export laws.
5.3 Responsibility. Licensed Software Applications uploaded via Publisher are deemed Customer Data. Customer is solely responsible for the operation, licensing, compliance, and maintenance of each Licensed Software Application.
6. General
6.1 Intellectual Property.
(a) Ownership by Customer. As between the parties, Customer retains all ownership or license rights to Customer Data and Customer Materials. Inputs and Outputs are Customer Data.
(b) Ownership by Rescale. Rescale and its suppliers retain all right, title, and interest in and to the Rescale Offerings, Rescale Materials, and any modifications, improvements, or derivative works thereof.
(c) Feedback. If Customer or its personnel voluntarily provide suggestions, comments, or other feedback regarding any feature, improvement, operation, workflow, or other functional requirement for any Rescale Offering, Rescale may freely use and incorporate that feedback into its products and services without obligation to Customer.
6.2 Customer Indemnity. Customer will defend Rescale from and against any third-party claim to the extent resulting from Customer Data used with the Additional Offerings or Customer Materials provided in connection with FDE Services, and will indemnify Rescale against any damages or costs finally awarded against Rescale (including reasonable attorneys’ fees) or agreed in settlement by Customer resulting from the claim. Customer’s obligations under this Section are subject to Rescale: (a) promptly notifying Customer of the claim, (b) giving Customer exclusive control over the investigation, defense, and settlement of the claim, and (c) reasonably cooperating with Customer at Customer’s expense for reasonable out-of-pocket costs. Customer may not settle any claim without Rescale’s prior consent if settlement would require Rescale to admit fault or take or refrain from taking any action. Rescale may participate in a claim with its own counsel at its own expense.
6.3 Customer Compliance. Customer is solely responsible for ensuring that its use of Customer Data and Customer Materials with Additional Offerings complies with all applicable third-party license terms, usage restrictions, and contractual obligations. Rescale has no obligation to monitor or verify Customer’s rights to use Customer Data or Customer Materials.
6.4 Additional Offerings. Each offering governed by these Service Specific Terms (each, an “Additional Offering“) is a Rescale Offering and is subject to all restrictions, obligations, and limitations applicable to Rescale Offerings under the Agreement, as modified by these Service Specific Terms.
6.5 Disclaimer of Warranties. Except as set forth in these Service Specific Terms, Additional Offerings are provided “as is” and “as available.” Rescale disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement. Rescale makes no representation or warranty regarding the accuracy, completeness, reliability, or suitability of any Output, and Customer acknowledges that Outputs are generated by models and may contain errors, hallucinations, or biases. Rescale’s indemnification obligations under the Agreement do not apply to claims arising from Customer Data, Licensed Software Applications, Customer Materials, model architectures or models used in AI-Enabled Features or AI Physics, Inputs, Outputs, or any third-party services accessed through Additional Offerings.
6.6 Beta Releases. Beta, preview, or early access offerings are provided “as is,” with no warranty, indemnity, SLA, or support, and Rescale’s total liability for these offerings will not exceed US$500. Features and performance information about them are Rescale’s Confidential Information, and Rescale may discontinue or change them at any time.
6.7 Usage Data. Rescale may collect Usage Data and use it to operate, improve, and support the Rescale Offerings and for other lawful business practices, including analytics, benchmarking, recommendations, and reports. Rescale will not disclose Usage Data externally unless it has been de-identified and aggregated with usage data from other Rescale customers.
6.8 Definitions.
(a) “AI-Enabled Feature” means a feature of the Rescale Platform that is powered by an artificial intelligence or machine-learning model and identified as such in the Documentation, including features that respond to Inputs and features that take actions on the Rescale Platform on behalf of Authorized Users.
(b) “Customer Materials” has the meaning given in the Agreement and, for purposes of these Service Specific Terms, includes any data, content, documentation, models, or other materials provided by Customer to Rescale in connection with FDE Services or other professional services.
(c) “Inputs” means any prompts, queries, data, or content that Customer or its Authorized Users submit to an AI-Enabled Feature.
(d) “Model Provider” means any third-party provider of artificial intelligence models and related services used by Rescale in providing the AI-Enabled Features.
(e) “Outputs” means any results, content, summaries, recommendations, or other material returned by an AI-Enabled Feature in response to Inputs.
(f) “Rescale Materials” means any work product, deliverables, reports, databases, analyses, recommendations, programs, workflows, applications, or other documentation or inventions provided, created, or developed by Rescale in the performance of FDE Services.
(g) “Usage Data” means usage, performance, and operations data in connection with Customer’s use of the Rescale Offerings, including technical logs and metadata.
6.9 Updates. Except as amended by these Service Specific Terms, the applicable Agreement remains unchanged and in full force and effect. Rescale may update these Service Specific Terms from time to time. Unless otherwise specified by Rescale, updates become effective for Customer upon the effective date of a new Order Form that references the updated version or Rescale may specify that an update becomes effective sooner if required to address compliance with applicable law or to reflect changes in third-party Model Providers or related services. Prior versions of these Service Specific Terms are available on written request.
Updated May 15, 2026