#1 Global Leader in Data Resilience

AI Terms of Use

Last updated: November 27, 2024

These AI Terms of Use (“Terms”) are incorporated by reference to the Licensor End User License Agreement (“EULA”), and, together with the EULA, sets forth the terms and conditions under which You may use the Assistant. By using or otherwise interacting with the Assistant, You agree to be bound by the EULA and these Terms. If You do not agree with the terms of the EULA or these Terms, do not use or otherwise interact with the Assistant.

Generally

These Terms govern Your use of the Assistant, and amend but do not replace the terms of the EULA. All capitalized terms not defined herein shall have the meaning ascribed to them by the EULA. For the avoidance of doubt, the Assistant may constitute an integral part of the Software. You are responsible for ensuring that Your use of the Assistant complies with the terms of the EULA and these Terms. In the event of a conflict between the EULA and these Terms, these Terms shall govern.

Assumption of Risk

2.1 General

You understand and acknowledge that AI is a developing technology; the potential risks inherent to this technology may not be fully understood, and fulsome safeguards may not be fully developed. Licensor disclaims all liability resulting from Your use of the Assistant, and makes no representation or warranty, express or implied, concerning the extent to which Your use of the Assistant or the output of such Assistant is appropriate, permissible, lawful, accurate, correct, or otherwise suitable for Your use. ALL USE OF THE ASSISTANT BY YOU OR ANY OF YOUR PERSONNEL SHALL BE AT YOUR SOLE RISK. By using the Assistant, You assume any and all risk of any nature, including, but not limited to:

2.1.1 Legal and Regulatory Risk

Applicable regulators, law enforcement, or other governmental entities may determine that the underlying AI technology or the use thereof, in whole or in part, is unlawful, or must be changed, redesigned, or otherwise rebuilt to comply with applicable laws, which may result in the Assistant being disabled or suspended. There is also risk that in the above instances, regulators, law enforcement, or governmental entities may determine that Your use of the Assistant is or was unlawful, which could result in legal action against You. Furthermore, it may be determined that the model, training data, software, or other component of the underlying AI technology, or the use thereof, infringes, misappropriates, or otherwise violates third-party intellectual property rights. In such an instance, there is risk that those third parties could enjoin further use of the underlying AI technology or bring other legal action against You.

2.1.2 Accuracy

The underlying AI technology may, in some cases, provide incorrect, inaccurate, or otherwise inappropriate information. If You do not agree with this assumption of risk, You should not use the Assistant. You are responsible for ensuring that any output generated by the Assistant is true, correct, accurate, or otherwise appropriate for Your purposes.

Appropriate Use

Your use of the Assistant must comply with all of the requirements set forth in this Section 3. You agree that You will take all necessary steps to ensure Your users of the Assistant comply with such requirements, and You acknowledge and agree that You shall be solely responsible for any such use.

3.1 Consent

Before using certain Assistant, You may be required to affirmatively consent to the use of such feature. You agree, to the extent required by applicable laws, that You are responsible for disclosing to Your users of the Software that their use of the Assistant will involve interactions with AI technologies.

3.2 Compliance with Laws

You agree that You are responsible for ensuring that Your use of the Assistant complies with all applicable local, state, provincial, national, federal and foreign laws.

3.3 Non-Infringement

Your use of the Assistant must not infringe, constitute the misappropriation of or otherwise violate any third-party intellectual property rights. Without limiting the generality of the foregoing, all data, content, information and other materials used by You in connection with the Assistant must be owned by or validly licensed to You on terms that permit its use in connection with the Assistant.

3.4 Personal Data

You may not provide to the Assistant any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household, or any other information considered “personal data,” “personal information,” “personally identifiable information,” or similar terms under any applicable laws.

3.5 Prohibition on High-Risk Uses

The Assistant are not intended to be used to make or as a substantial factor in making, and You may not use the Assistant to make or as a substantial factor in making, consequential decisions, as such term is defined under applicable law, or in any way that would qualify the AI Systems as high-risk (or similar term) under applicable Law. You may not use the Assistant to create, publish, or disseminate any content that is discriminatory or harmful.

Review

You acknowledge and agree that You are solely responsible for reviewing, verifying, editing, amending, or evaluating the appropriateness of any output generated by the Assistant before using, publishing, or relying on any such output, to include ensuring such output does not contain discriminatory or harmful content and otherwise complies with applicable law as may be in effect at the time.

Third Party Terms

The Assistant incorporate AI technologies provided by third parties, including, without limitation, Azure OpenAI Service from Microsoft Corporation. All input You share with the Assistant will be processed in accordance with Microsoft’s Azure OpenAI Terms, the EULA and these Terms. To the extent that such AI technologies are incorporated into the Software, Licensor makes no representations with respect to the safety of such underlying AI technologies provided by any such third party, or as to whether the use of these technologies is appropriate to You.