Version 1.0 - July 2024
These Aptible AI Terms and Conditions (“AI Terms”) are between Aptible, Inc., (“Aptible”) and You (“You”, or “Customer” and govern your use of features on the Services that are artificial intelligence-powered or utilize machine learning or similar technologies (“AI Product”). The AI Terms form an integral part of the Aptible Terms of Service (“TOS”) in relation to your use of the AI Product and are hereby incorporated by reference.
Defined terms used but not defined herein shall have meaning as defined in the Agreement. In the event of any conflict between the AI Terms, the TOS, and any Master Services Agreement (“MSA”) with relation to use of AI Product, these AI Terms shall prevail.
BY ACCESSING OR USING THE AI PRODUCT, CUSTOMER HEREBY ACKNOWLEDGES THAT IT HAS READ AND UNDERSTOOD THESE AI TERMS AND AGREES TO BE BOUND BY THEM, IN ADDITION TO ANY OTHER TERMS AND CONDITIONS TO WHICH CUSTOMER HAS AGREED. IF THE CUSTOMER DOES NOT AGREE TO THESE AI TERMS, THE CUSTOMER MAY NOT USE THE AI PRODUCT.
Beta Access
Your use of the AI Product may be considered beta testing, and as such, made available to you on a temporary and limited basis as a “Beta Tester”. Beta Testers will have access to the AI Product until the written notice of termination by Aptible, which may be provided at any time and at Aptible’s sole discretion (“Beta Period”). Aptible reserves the right to terminate or modify Beta Tester’s access to the AI Product at any time, in its sole discretion.
Beta Testers have the right to opt out of participating in the beta testing program and providing your personal information. Beta Testers may withdraw their consent at any time by ceasing to use the AI Product and contacting the Company to request the deletion of their personal information.
Transition to Commercial Release for Beta Testers
Beta Testers will be notified in advance of the official release date of the commercially available version of the AI Product. At that time, Beta Testers will have the option to opt out of continuing to use the AI Product or to transition to the commercially available version under the terms and pricing determined by Aptible.
AI Provider Processing
While using the AI Product, Aptible uses technology provided by third-party generative artificial intelligence service providers, including but not limited to OpenAI, LLC, Alphabet Inc., and Anthropic PBC, (“AI Providers”) and internal proprietary technology. Any Input, depending on the AI Providers, may be used for model training and improvement.
Inputs and AI Outputs.
You may upload or process any information through the Service (“Inputs”), and receive output generated by the AI Product based on the Inputs (“AI Outputs”, and together collectively with Inputs, the “Content”). You agree that you are solely responsible for the Input and for ensuring that the Content complies with applicable laws, these AI Terms, the TOS, the MSA, and any AI Provider’s policies. You further that you will not include any sensitive personal data including but not limited to racial or ethnic origin, political origins, religious or philosophical beliefs, health data, or data concerning anyone’s sex life or sexual orientation in any Inputs for processing by the AI Product. Further, the AI Product may generate the same or similar AI Outputs for other customers.
Aptible has imposed limits on the usage of the AI Product. You may be informed when you have reached the maximum number of AI Outputs for your Aptible Account.
In addition, You acknowledge and agree that:
AI Product should not be relied upon during emergencies; AI Product may claim to perform actions for you in the real world but may not havehave not taken any action besides responding to you;
AI Product may not generate accurate information and information provided may be out of date. You should independently verify responses or advice provided by AI Product. We do not provide any warranties or guarantees as to the accuracy of any information provided by the AI Product;
AI Product are subject to modification and alteration, and may contain errors, design flaws, or other issues;
Use of AI Product may result in unexpected results, loss of data or communications, or other anticipated or unanticipated damage or loss to you which we hereby claim no liability for;
AI Product may not operate properly, be in final form, or be fully functional; your access to AI Product is not guaranteed and AI Product are provided on an AS IS basis;
Integrations
The AI Product enables you to integrate with third-party service providers with whom you have a separate agreement and subscription with (“Your Service Providers”). The AI Product gains access to your data contained with Your Service Providers to provide the AI Product to you. You acknowledge that the data may contain confidential, or otherwise sensitive information, and you provide such integrations at your own discretion.
You acknowledge and consent that data from Your Service Providers will be shared with Aptible, as well as AI Providers to facilitate the service. You further understand and agree that you are fully responsible for all aspects of these integrations, including compliance with Your Service Provider’s respective terms and conditions, as well as applicable laws and regulations. Aptible disclaims all liability for any issues arising from such integrations, including but not limited to data breaches, unauthorized access, or data inaccuracies.
Disclaimer.
IN ADDITION TO THE DISCLAIMER MENTIONED IN THE AGREEMENT, THE AI PRODUCT IS PROVIDED TO YOU ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. APTIBLE DOES NOT PROVIDE ANY WARRANTY OR GUARANTEE AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE AI OUTPUTS AND DOES NOT ACCEPT ANY LIABILITY OR RESPONSIBILITY ARISING IN ANY WAY FROM YOUR USE OF THE AI OUTPUTS OR ANY OMISSIONS OR ERRORS CONTAINED IN THE AI OUTPUTS. YOU ARE ENCOURAGED TO CONDUCT AN INDEPENDENT EVALUATION, INCLUDING A HUMAN REVIEW OF THE AI OUTPUTS FOR THEIR ACCURACY, COMPLETENESS AND RELIABILITY. YOU UNDERSTAND AND AGREE THAT THE USE OF THE AI OUTPUT IS AT THE CUSTOMER’S SOLE RISK. APTIBLE DOES NOT REPRESENT OR WARRANT THAT THE AI PRODUCT WILL BE FREE FROM THIRD-PARTY INTERFERENCE OR OTHERWISE SECURE AND THAT THE AI OUTPUTS WILL BE FREE OF CONTENT THAT INFRINGES THIRD-PARTY RIGHTS INCLUDING WITHOUT LIMITATION PRIVACY AND INTELLECTUAL PROPERTY RIGHTS.
Rights to Use.
As between the parties and to the extent permitted under the applicable laws and any AI Providers terms, you are the owner of the Content and give Aptible the right to host your Content on the Aptible platform and use it to market and further develop, enhance, and improve the Service including the AI Product. Aptible may only use anonymized and non-proprietary input and output data to improve services and for marketing purposes. However, Aptible ensures that it does not train models using your specific input unless you explicitly opt-in to share your data for this purpose.
Restricted Use of AI Product
In addition to the restrictions in these AI Terms and any other agreement entered into between the Parties, you represent and warrant that you will not use the AI Product to:
Create and generate content that breaches or violates our TOS or Privacy Policy, or other agreements, including OpenAI policies found here https://openai.com/policies/usage-policies.
Reverse assemble, reverse compile, decompile, translate, or otherwise attempt to discover the source code of underlying components of models, algorithms, and systems of the AI Product;
Use the AI Product to develop foundational models or other large-scale models that compete with Aptible or AI Providers;
Mislead anyone that the Content generated is by a human.
“Jailbreaking”, or otherwise using the AI Product in a manner it was not intended to be used.
You shall be fully responsible for its use of the AI Product. Aptible may monitor and limit or suspend your Aptible Account if Aptible believes that your usage of the AI Product has the potential to affect the security, operability, or integrity of the Aptible Service or violates the terms of the TOS and/or AI Terms.
You warrant that in the event AI Outputs generated by the AI Product include material that would violate this clause, then you will not use, distribute, or publicize those AI Outputs, and will not use them in any way.
By submitting, posting, displaying, providing, or otherwise making available any Content on or through the Services, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to us a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such Content and your name, voice, and/or likeness as contained in your Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services and our (and its successors’ and affiliates’) business, including without limitation in connection with modifying, improving, and enhancing artificial intelligence models, as well as promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels.
Security and Privacy.
Aptible employs industry-standard security measures to protect your personal information from unauthorized access, use, or disclosure. However, you acknowledge that no method of transmission over the internet or electronic storage is 100% secure and agree to use the AI Product at their own risk.
You must implement reasonable and appropriate measures designed to help secure your access to and use of the Services. If you discover any vulnerabilities or breaches related to your use of the Services, you must promptly contact us and provide details of the vulnerability or breach.
Aptible is committed to protecting the privacy and confidentiality of your personal information. By using the AI Product, you consent to the collection, use, and disclosure of their personal information as described in Aptible’s Privacy Policy.
Processing of Personal Data.
We do not allow for processing of Personal Data or Protected Health Information (PHI) in our AI Product. If you plan to use the Services to process personal data, you must notify us immediately and provide legally adequate privacy notices and obtain necessary consents for the processing of such data, and you represent to us that you are processing such data in accordance with applicable law. If you will be using Services for the processing of Personal Data as defined in the GDPR or Personal Information as defined in CCPA, please contact us to request our Data Processing Addendum.
Data Retention
Aptible will retain your personal information for the duration of the Term or Beta Period if you are a Beta Tester, and as long as necessary to fulfill the purposes outlined in the Privacy Policy. You may request the deletion of your personal information at any time by contacting us in accordance with our Privacy Policy.
