Hub Cloud Services Terms and Conditions

Version: May 3, 2025

Welcome to the LM Studio Hub 👾

Thanks for being here! These Terms of Service explain how you can use the LM Studio Hub Cloud Services ("Hub") and the related services we offer ("Services"), what your rights are, and how we handle things like user content and safety.

By using the Hub, you agree to follow these Terms. If you ever have questions or think something’s unclear, feel free to reach out at [email protected].

These Terms form a binding agreement between You, whether you are a user ("User", "You") or a customer ("Customer", "you"), and Element Labs, Inc. ("Element Labs", "we", "us", “Company”). Please also take a moment to read our Privacy Policy, which explains how we handle data and keep your information secure.

If you don’t agree to these Terms or our policies, please don’t use the Hub.

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1. Definitions

To keep things clear and consistent, we define certain terms used throughout these Terms of Service.

1.1. "Access Credentials"

Means login information, passwords, security protocols, and policies through which you access the Hub.

1.2. "Access Limitations"

Are the restrictions that we may place on your use of the Hub, like limits on the number of users, storage capacity, location, duration of use, or other similar constraints. We'll communicate these clearly when they apply.

1.3. "Confidential Information"

Refers to documents and information - written or spoken - that Element Labs shares with you about our business, products, services, or operations. It does not include information that:

• You already knew, without restrictions, before we shared it.

• Someone else shared with you legally and without confidentiality requirements.

• Is already public knowledge (and not due to your actions).

• You independently developed without using or referencing our confidential details.

  1.4. "Content"

Means any data or materials that you upload or share through the Hub.

1.5. "Documentation"

Refers to any published instructions and user manuals provided to You along with the Hub.

1.6. "Intellectual Property Rights"

Means rights protected by law, like copyrights, trademarks, patents, trade secrets, moral rights, contract rights, and other proprietary rights.

1.7. "Order Form"

Means a document shared by Element Labs to the Customer describing the Hub Cloud Services that are to be made available, the fees to be paid, any usage limits, and other relevant customized terms and conditions.

1.8. "Software"

Refers specifically to the LM Studio Desktop App, which is designed to work together with the LM Studio Hub. This includes any updates, upgrades, or enhancements we make available to you under our software terms. You can find our Desktop App Terms of Service at the top of this page, or linked here.

1.9. "Services"

Means the support and other assistance Element Labs provides to you in connection with your use of the Hub Cloud Services. This includes responding to community forums and any other support we provide.

1.10. "User"

Refers to any individual you’ve authorized to access the Hub using your account or credentials (this means You!).

2. Account, License Grant and Other Rights

2.1. Account and Access Credentials

You'll need an LM Studio Hub account to use some of the Hub Cloud Services. Your login information ("Access Credentials") is just for you, so please keep it private and secure. Certain features can be used without an account or logging in.

You're responsible for anything that happens through your account. If you ever think someone else might have gotten access, or you notice anything suspicious, please let us know immediately.

Element Labs owns all account credentials connected to the Hub Cloud Services. This means we can reset, revoke, or change your login details, and we reserve the right to approve, reject, or remove accounts at any time and for any reason.

2.2. Your Right to Use the Hub

We grant you a limited, non-exclusive, and non-transferable right to access and use the Hub. You can only use the Hub together with our Software, in line with the provided Documentation and any applicable Access Limitations. Your use of the Hub must be either personal or for internal business purposes.

2.3. What You Can't Do with the Hub

To protect our services and intellectual property, there are certain things you’re not allowed to do (and can't let anyone else do):

• Modify or create derivative works: You can’t alter, adapt, translate, or create new products based on the Hub or Documentation.

• Unauthorized integrations: Don’t integrate the Hub with other tech unless it’s through officially supported interfaces provided by Element Labs.

• Redistribute or resell: You can't sublicense, distribute, sell, lease, rent, loan, or otherwise provide the Software or Documentation to third parties. This also means no use as part of another software-as-a-service or similar offering.

• Reverse-engineering: You're not allowed to reverse engineer, decompile, or try to figure out the source code of the Hub. The only exception is if local laws explicitly give you this right, and only then to the extent they allow.

• Remove notices: Never remove, hide, alter, or obscure any copyright or other proprietary notices on the Hub.

• Unauthorized copying or use: Don't use or copy the Hub in ways not clearly permitted by these Terms.

2.4. Your Content

2.4.1. Your Responsibility

You're fully responsible for all content you (or your employees) upload, post, publish, or share using the Hub. This means making sure your content is accurate, appropriate, lawful, and respectful of others' rights - including intellectual property rights.

We reserve the right (at our sole discretion) to remove or delete any content from the Hub or our systems. We're not responsible or liable for any actions we take to enforce these terms.

2.4.2. AUP

All content on the Hub - whether it's set as Public or Private (defined below) - must follow our Authorized Use Policy. We may update the AUP occasionally, and we'll always have the right to enforce compliance, at our discretion, without liability to you.

2.4.3. Ownership and Licensing

You keep full ownership of your content. Element Labs only uses your content in ways described here and in our Hub Privacy Policy. When you post content, you're promising us that you have the rights needed to share it and to grant the licenses below, depending on how you've set your Hub content

2.4.4. Public and Private Content on the Hub

Public Hub Content

If you set content as Public (viewable by everyone on the internet), you grant Element Labs and everyone else a permanent, irrevocable, worldwide, non-exclusive, royalty-free license to use, display, reproduce, modify, distribute, and create new works from your content.

Private Hub Content

If a User sets the Content to be Private, and viewed by only by the User or other Users (a "Private Hub"):

• In order to make that content available to the people you've chosen, you grant Element Labs a non-exclusive, worldwide, fully-paid license to host and display it as needed to provide the Hub Cloud Services.
• Element Labs will protect the Content from unauthorized access, use, or disclosure in accordance with the Hub Privacy Policy.
• We will access the Content only in limited circumstances as are set forth in the Hub Privacy Policy, for example, to respond to legal processes, protect the integrity or security of the Hub Cloud Services, if we have reason to suspect that the Content is not in compliance with applicable law or the AUP, or with Your explicit permission.
• If a copyright holder believes any Hub content infringes their rights, they can request removal of that content by following the steps outlined in Section 8.

2.5. Feedback

We always welcome your comments and suggestions ("Feedback") on the Hub and our services. When you provide Feedback to Element Labs - whether written or spoken - you grant us a worldwide, non-exclusive, irrevocable, perpetual, royalty-free license to incorporate your Feedback into our products and services.

2.6. Proprietary Rights

You own all rights, title, and interest in the content you upload to the Hub. Any rights in your content that aren't explicitly granted to Element Labs under these Terms remain yours.

Separately, Element Labs (and our suppliers) exclusively own the Hub Cloud Services, the Documentation, and all related intellectual property rights around the world. Any rights not clearly granted to you in these Terms remain with us.

You're not allowed to remove, alter, or obscure any copyright or proprietary notices that appear in the Hub or in the Documentation.

3. Modifications / Updates

3.1.

Element Labs has the right to update all or any part of the Content, Website, and terms of this Agreement at any time without notice. Your continued use of the Website shall constitute agreement to any and all such updates.

3.2.

Element Labs reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.

4. Disclaimers

4.1. General Disclaimers

The Hub Cloud Services and any related services are provided by Element Labs "as is", "with all faults", and without any warranties - express, implied, or statutory. This includes (but isn’t limited to) implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement.

We don’t promise that the Hub will meet your needs or work without interruption, bugs, or errors.

4.2. Specific Disclaimer; Use of Third Party Products and Content

The Hub may allow you to use third-party tools and AI models ("Third-Party Products") alongside Element Labs services. These are provided under separate terms between you and the third-party provider.

You’re responsible for complying with any applicable third-party licenses, terms of service, open-source obligations, and all relevant laws. Element Labs doesn’t make any promises or warranties about Third-Party Products and isn’t liable for their performance, availability, or content. Any rights or remedies related to Third-Party Products must be pursued directly with the provider.

4. Export Controls and Sanctions

The Hub Cloud Services may be subject to U.S. export control laws and other trade restrictions. By using the Hub, you agree to comply with all applicable export and sanctions regulations, including laws from:

• The U.S. Department of Commerce (Export Administration Regulations)
• The U.S. Treasury’s Office of Foreign Assets Control (OFAC)
• The U.S. Department of State (including ITAR)

You confirm that:

• You are not located in or ordinarily resident in any country subject to U.S. territorial sanctions.
• You are not listed on any U.S. government restricted party list.
• You are not using the Hub on behalf of any blocked person or government.

You also agree not to export, re-export, transfer, sell, or otherwise share any software, technology, or content from the Hub to anyone or anywhere that would violate these laws.

If you're unsure whether any restrictions apply to you, it's your responsibility to check before using or sharing the Services.

5. Indemnification

You are solely and exclusively responsible for your use of the Services. As such, you will indemnify, defend and hold harmless Element Labs, its directors, officers, employees and representatives from and against any and all damages, losses, and expenses of any kind (including reasonable attorneys' fees and costs) arising out of or related to: (a) Your breach of any of these Terms, including any representation or warranty; (b) any Content; (c) any activity in which You engage on or through the use of the Hub Cloud Services or Services and (d) Your violation of any law or the rights of a third party.

6. Disclaimers and Limitations on Liability

We hope you have a great experience using the Hub, but if you're dissatisfied for any reason, your sole and exclusive remedy is to stop using the Hub Cloud Services and related Services. To the fullest extent permitted by applicable law, Element Labs - including its officers, shareholders, employees, agents, directors, affiliates, subsidiaries, suppliers, licensors, successors, and assigns - will not be liable for any indirect, special, incidental, punitive, exemplary, or consequential damages; any loss of use, data, business, or profits (whether direct or indirect); or any issues arising from your use - or inability to use - the Hub Cloud Services, Services, third-party tools or models, or your own hardware or software, regardless of the legal theory, even if we were advised of the possibility of such damages, and even if a remedy fails of its essential purpose. In any event, our total liability for all claims related to the Hub Cloud Services will not exceed the greater of (a) the fees you paid to us in the six-month period before the claim arose, or (b) fifty dollars ($50.00). This section does not limit our liability for fraud, fraudulent misrepresentation, death, or personal injury where such liability cannot be excluded under applicable law.

7. Confidentiality

We keep confidential information confidential, and ask you to do the same.

7.1. Element Labs Privacy Policy

Your use of the Hub Cloud Services is also governed by our Privacy Policy, which explains how we handle your content and protect it from unauthorized access or disclosure. Please review it carefully - it’s part of these Terms.

7.2. Protection of Confidential Information

You agree to use Element Labs' Confidential Information only as needed to access and use the Hub as permitted under these Terms. You may share Confidential Information only with your employees or contractors (“Representatives”) who need to know it for that purpose and who are bound by confidentiality obligations at least as protective as those in this section.

You must protect Confidential Information from unauthorized use, access, or disclosure using the same level of care you use to protect your own sensitive information—and never less than reasonable care.

7.3. Return of Confidential Information

If these Terms end, you agree to return or permanently delete any confidential information of Element Labs in your possession, including any electronic copies, upon our request.

8. Term and Termination

8.1. How Long These Terms Last

These Terms start when you first use the Hub and continue until they’re terminated. You can terminate them at any time by giving written notice as described in Section 10.2. We may also terminate your access at any time for any reason, including by notifying you through your account or on our website.

8.2. What Happens If These Terms End

If these Terms are terminated for any reason:

• Your right to use the Hub ends immediately.
• You must stop using the Hub and delete or return any documentation or materials we provided.

8.3. Survival

Certain sections of these Terms will continue to apply even after termination, including: the definitions, Sections 2.5, 2.6, and Sections 3 through 8.

9. Copyright Violations

We respect intellectual property rights and expect users to do the same.

If you believe that content on the Hub infringes your copyright, you can submit a takedown request under the U.S. Digital Millennium Copyright Act (DMCA). Your request must include:

• A physical or electronic signature from the copyright holder (or someone authorized to act on their behalf)
• Identification of the copyrighted work that has been infringed
• A description of the infringing material and where it's located on the Hub
• Your name, address, phone number, and email address
• A statement that you have a good faith belief that the use is unauthorized
• A statement, under penalty of perjury, that your complaint is accurate and that you’re authorized to act on behalf of the copyright owner

We take these requests seriously and may remove or disable access to the reported content. We also reserve the right to terminate the accounts of repeat infringers.

Important: Under 17 U.S.C. § 512(f), anyone who knowingly misrepresents that content is infringing may be liable for damages, including costs and attorneys’ fees.

10. General

10.1. Assignment

You may not assign or transfer these Terms (or your rights under them) without our prior written consent. Any attempt to do so without permission is void. We may assign these Terms freely, without notice.

10.2. Notices

If we need to get in touch with you, we may contact you through your account, email, or any contact information you’ve provided. Legal notices to Element Labs should be sent to: Element Labs Inc., 1 Dock 72 Way, 7th Floor, Brooklyn NY, 11205.

10.3. Governing Law and Venue

These Terms are governed by the laws of the State of New York, without regard to its conflict of law rules. Any legal action arising from these Terms must be brought in New York County, New York, and both parties consent to that jurisdiction.

10.4. Remedies

You agree that the Hub Cloud Services contain proprietary information and trade secrets of Element Labs. If you breach (or threaten to breach) Section 2 of these Terms, we may seek an injunction or other equitable relief without needing to post a bond - because monetary damages alone wouldn't be enough.

10.5. Waivers

If we don’t enforce a right under these Terms on one occasion, it doesn’t mean we’ve waived that right on future occasions. All waivers must be in writing.

10.6. Severability

If any part of these Terms is found to be unenforceable, the rest will remain in full force. We’ll revise or interpret the problematic section so it still meets its original intent as closely as possible.

10.7. Changes to this Agreement

We may update these Terms from time to time. If we make material changes, we’ll notify you using reasonable means (such as a notice on the site or through your account). Changes take effect on the date specified in the notice. If you continue using the Services after that, you’re agreeing to the new Terms.

10.8. Entire Agreement

These Terms (including any applicable Order Form or Supplemental Terms) are the full agreement between you and Element Labs regarding the Hub Cloud Services, and they replace any previous written or verbal agreements.