By using any of the products, features, and/or tools that leverage AI technology, large language models, or generative AI (an “AI Product” or collectively, “AI Products”) offered by ParTech, Inc. (“ParTech”). Customer (“Customer, “you” or “your”) agrees to be bound by applicable terms, policies, agreements and guidelines, and these ParTech AI Terms (the “AI Terms”). Together, these documents are the “Terms”. All capitalized terms used but not defined herein shall have the meaning set forth in the Master Services Agreement or Order Form signed by the parties. ParTech may modify these AI Terms at any time without notice, and by continuing to use any AI Products you agree to such modifications. 

1. AI Products & AI Content. 

1.1 When using any AI Product, you are responsible for anything you input or upload (an “Input” or “Inputs”), including without limitation any content, files, documents, images, or text and you represent and warrant that you have all rights, licenses, and permissions required to provide any Input. You are also responsible for any outputs generated by the AI Product through your use of AI Products or through prompts you provide to AI Products (an “Output” or “Outputs”). Together, Inputs and Outputs are referred to as “AI Content.” 

1.2 Your use of an AI Product may be subject to additional applicable terms for that AI Product.

1.3 When using Outputs, you agree to inform viewers of those Outputs that the content is AI-generated where required by applicable laws and regulations, industry standards or best practices.

1.4 Prior to including any personal information in any Input, you confirm that (1) where required, you have provided any written notices to individuals to whom the personal information relates or obtained any required consents and (2) any processing of such personal information is in accordance with all applicable laws and regulations. 

1.5 You agree that you will not include any sensitive personal information of any individual (including, but not limited to, Social Security or passport numbers, financial account credentials, precise geolocation, racial or ethnic origin, religious beliefs, union membership, and genetic data) in any Input to AI Products.

1.6 You agree not to use any Output relating to a person for any purpose that could have a legal or material impact on that person, including without limitation access to essential goods or services, or making credit, financial, educational, employment, housing, insurance, legal, medical, or other important decisions about them.

1.7 As between you and ParTech, to the extent permitted by applicable law or regulation and subject to any applicable terms, you retain all ownership rights to your AI Content. You grant ParTech and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, irrevocable, perpetual, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your AI Content throughout the world in any media for any reason, including to provide, promote, and/or incorporate into the AI Products. You retain all rights in your Inputs and Outputs, subject to the rights you granted to ParTech in these AI Terms.

2. Suitability of Outputs. You understand and acknowledge that use of AI Products may result in Outputs that are unexpected, unsuitable, incorrect, inaccurate, offensive, or unlawful. An Output may not be unique, and other users of AI Products may generate the same or similar Output. You are responsible for evaluating whether any Output is appropriate for your intended use, and you should not rely on any Output as a sole source of truth or factual information or as a substitute for professional advice. Outputs may not be protectable by intellectual property rights. By using any AI Product, you agree to engage in human review of all Outputs before they are distributed and regularly review the quality of the AI Product for your particular use case. You also understand that Outputs do not represent ParTech’s viewpoint, advice, or opinion. 

3. Use Restrictions You are responsible for all AI Content, including without limitation ensuring that AI Content complies with all applicable law and rules before generating, using, or sharing it. You agree that you will not use AI Products to: 

3.1 Create any content that is harmful, misleading, or violates the rights of any user, person, or third party;

3.2 Mislead anyone that any content generated by AI Products is human-generated;

3.3 Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

3.4 Deploy subliminal, manipulative, or deceptive techniques that distort behavior or impair a user’s informed decision-making;

3.5 Exploit any vulnerabilities, including those related to age, disability, or socio-economic circumstances; 

3.6 Infer sensitive attributes (race, political opinions, trade union membership, religious or philosophical beliefs, sex life, or sexual orientation), except when lawfully acquired, or evaluate or classify individuals based on sensitive attributes, social behavior, or personal traits causing harmful or unfavorable treatment to those individuals; 

3.7 Provide medical, legal, financial, or other specialized advice; 

3.8 Intentionally or unintentionally violate any applicable law or regulation; or

3.9 Generate or disseminate:

3.9.1 Private information of others in violation of their privacy or data protection rights;

3.9.2 Content, including images, that infringes, misappropriates, or is otherwise  subject to  the intellectual property or other proprietary rights of another;

3.9.3 Content that may be libelous, slanderous, or otherwise defamatory;

3.9.4 Political content, including for dissemination in electoral campaigns;

3.9.5 Spam, ransomware, keyloggers, viruses or other software.

3.9.6 Content that contains corrupted data or any other harmful, disruptive, or destructive files;

3.9.7 Hateful, harassing, abusive, violent, or highly offensive content that attacks or dehumanizes a group based on race, ethnicity, national origin, religion, serious disease or disability, gender, age, or sexual orientation; or

3.9.8 Pornographic material, images of explicit nudity, depictions of graphic violence or gore, or content that otherwise promotes, glorifies, or threatens violence.

3.9.9 Any other material that is deemed harmful or offensive by ParTech in its sole discretion.

4. Responsibility for AI Content; Suspension. You are solely responsible for the creation and use of AI Content and for ensuring AI Content complies with the Terms; however, ParTech may, but is not obligated to, use available technologies, vendors, or processes to monitor, screen for and block any AI Content that may violate any applicable law or regulation, the rights of a third party, ParTech’s acceptable use policy, or the terms of the Master Services Agreement or Order form, including before the Output is delivered to you.  ParTech reserves the right to suspend, terminate, or otherwise modify your access to AI Products or other Services, including without limitation by blocking any Input or Output, as determined in our sole discretion if ParTech identifies any actual or suspected misuse of AI Products. For illustrative purposes only, such misuse may include but is not limited to any use of an AI Product that violates the rights of a third party, any applicable law or regulation, the Terms, or if your use of an AI Product creates unreasonable risk for ParTech.

5. Disclaimer of Warranties; Indemnification. ParTech makes no representations or warranties whatsoever in connection with your use of any AI Product or AI Content. ParTech will have no liability under the Terms (including any indemnification obligations) arising out of or related to use of any AI Product or AI Content by you  or your affiliates, partners, clients, or customers. You will indemnify, defend and hold harmless ParTech from any claims arising from or relating to any AI Product or AI Content.

6. No AI/ML Training. You must not, and must not allow any third parties whatsoever to, use any AI Products, AI Content, Output, or other information related thereto to directly or indirectly create, train, test, or otherwise improve any AI or machine learning models or systems. 

7. Third Parties. 

7.1 You understand and agree that ParTech may engage third parties to provide some or all of the functionality of AI Products. You agree that any Input you provide may be shared with such third parties to enable the functionality of the AI Products. Your use of AI Products may be subject to the terms of such third parties, which ParTech may share from time to time. 

7.2 ParTech may also share your data with select third-party service providers ParTech engages to enable functionality of AI Products and they may also use your data to improve their services. This may include any personal information you choose to include within Inputs. ParTech handles such personal information as described in the Data Processing Agreement.