AI Terms and Conditions
These AI terms and conditions ("AI Terms") are hereby entered by and between DoubleCloud GmbH ("DoubleCloud") and governs the use of the artificial intelligence ("AI") features available through the Platform ("AI Feature"). The AI Terms forms an integral part of DoubleCloud Customer Agreement ("Agreement"), defined terms used however not defined herein, shall have meaning as defined in the Agreement.
1. Acceptance of the AI Terms
THESE AI TERMS, TOGETHER WITH THE AGREEMENT AND ANY ADDITIONAL POLICY, SET FORTH AND SETTLE THE TERMS ACCORDING TO WHICH THE CUSTOMER MAY USE THE AI FEATURE. BY USING THE AI FEATURE, THE CUSTOMER ACKNOWLEDGE THAT IT HAS READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE AI TERMS. THE CUSTOMER REPRESENTS AND WARRANTS THAT IT HAS THE FULL LEGAL AUTHORITY TO ENTER INTO THESE AI TERMS AND IF THE CUSTOMER IS ACTING ON BEHALF OF AN ORGANIZATION OR COMPANY, IT HAS THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION OR COMPANY TO THESE AI TERMS.
Further, the Customer acknowledges and understands that the OpenAI Terms of Service govern the use of the AI Feature, available here: https://openai.com/policies/terms-of-use (“OpenAI Terms”), and may be used in the following jurisdictions: https://platform.openai.com/docs/supported-countries.
DoubleCloud hereby grants the Customer a limited, revocable, non-exclusive, non-transferable and non-sublicensable license to use the AI Feature. The use of the AI Feature is subject to the Customer’s compliance with any and all applicable laws and these AI Terms. The Customer understands and acknowledges that the AI Feature is not mandatory or integrated by default, the DoubleCloud Services and Platform may be used without enabling the AI Feature. The AI Feature if currently provided free of charge, however, DoubleCloud reserves the right to charge fees at any time upon providing prior written notice.
The output insights generated and returned by the AI Feature (“Output”) are based on the metadata processed on and through the Platform (“Input”), the Input and Output shall collectively be referred herein as “Content”. The Customer is solely responsible for ensuring that the Content complies with applicable laws and these AI Terms. As between the parties and to the extent permitted under applicable laws or the OpenAI Terms, the Customer is the owner of the Input and is hereby granted rights, title and interests in and to the Output. The Content may be used for any legal and lawful purpose, including commercial purposes and publication, at Customer’s own risk. Prior to publication, it is recommended to add a disclosure that the Output was generated by AI tools. Due to the nature of machine learning, Output may not be unique and the AI Feature may generate the same or similar output for other users.
DoubleCloud does not guaranty accuracy of any Output generated by the AI Feature. Given the probabilistic nature of machine learning, and AI, use of our AI Feature may in some situations result in incorrect Output that does not accurately reflect the action generated. The Customer shall evaluate the accuracy of any Output and shall not rely on DoubleCloud to do so.
5. Acceptable Use Policy “AUP”
Without derogating from the restrictions and Acceptable Use Policy, the Customer hereby represent and warrant that it will not, nor will it authorize anyone on its behalf, including an authorized user, to:
(a) mislead anyone that the Content generated by human-generated;
(b) use the AI Feature to generate content that expresses or promotes hate, harassment, or violence, exploits or harms children, encourages self-harm, presents illegal, sexual, political, harmful, false, deceiving or misleading information, misuses personal data, contains malware, unsolicited bulk content, ransomware, viruses, or other software;
(c) use the AI Feature for activities which has high risk of economic harm, for adult content, adult industries, and dating apps; offering tailored financial advice without a qualified person reviewing the information; to provide health advice, political campaigning or lobbying;
(d) use the AI Feature in a way that infringes, misappropriates or violates any third party rights;
(e) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the AI Feature (except to the extent such restrictions are contrary to applicable law);
(f) use the AI Feature to develop foundation models or other large scale models that compete with DoubleCLoud or OpenAI; and
(g) use any method to extract data from the AI Feature, including web scraping, web harvesting, or web data extraction methods, other than as permitted through the API.
6. Third Party Providers
The AI Feature is provided by third-parties providers, currently DoubleCloud is using the AI Feature is provided by artificial intelligence technology developed and provided by OpenAI LLC (“OpenAI”). Any Input may, depending on the type of API, be used by OpenAI for model training and improvement. OpenAI grants opt-out rights available here: https://help.openai.com/en/articles/5722486-how-your-data-is-used-to-improve-model-performance. The Inputs may be shared with and manually reviewed by a person, including by third party contractors located around the world. Therefore, the Customer shall not use or provide any information that is sensitive or that should not be viewed by others, including personal data. DoubleCloud has no control over the use of the Input, thus, any use of such is at the Customer’s own risk and DoubleCloud does not represent, undertake or warrant to any security or control of or to the Input.
IN ADDITION TO ANY DISCLAIMERS SET FORTH IN THE AGREEMENT, THE AI FEATURE IS PROVIDED ON AN “AS IS” AND AS “AVAILABLE” BASIS. DOUBLECLOUD AND THE APPLICABLE THIRD-PARTY PROVIDER, MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE AI FEATURE, OR THE INFORMATION, TEXT, AND CONTENT INCLUDED IN THE OUTPUT, OR THE USE OF THE INPUT, INCLUDING WITHOUT LIMITATION, ACCURACY OF THE RESULTS, AVAILABILITY, SUITABILITY, RELIABILITY, OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE AI FEATURE. DOUBLECLOUD WILL HAVE NO LIABILITY OR RESPONSIBILITY ARISING IN ANY WAY FROM THE USE OF THE AI FEATURE OR ANY ERRORS OR OMISSIONS CONTAINED IN THE CONTENT.
NEITHER DOUBLECLOUD NOR ANY OF ITS AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF DOUBLECLOUD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE LOWER OF (I) ONE HUNDRED DOLLARS ($100); OR (II) THE FEES PAID IN CONSIDERATION OF THE AI FEATURE. THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
You may provide your feedback regarding the AI Feature to: firstname.lastname@example.org (“Feedback”). The Feedback shall include Feedback on the performance, features that may be missing, and any bugs encountered during the use of the AI Feature. Any Feedback provided, grants DoubleCloud a perpetual, irrevocable, non-exclusive, worldwide, fully-paid, sub-licensable, assignable license to incorporate into the Platform or otherwise use any Feedback received from the Customer to improve the services. The Customer irrevocably waives any moral rights in such Feedback pursuant to applicable copyright law. DoubleCloud acknowledges that any Feedback is provided on an “as-is” basis with no warranties of any kind.