AI Terms of Service

This AI Addendum (Addendum) supplements and is subject to the Employ Terms of Services or separate master subscription agreement, as applicable between Customer and Employ (the Agreement). This Addendum applies to Customer’s use of AI functionality that Employ makes available to Customer in connection with Employ’s Services. Capitalized terms used but not defined herein have the same meaning given to them in the Agreement. In the event of a conflict between the Agreement and this Addendum, this Addendum shall prevail.  

1. Definitions

1. AI means functionality, or features that utilize large generative language models and/or content generating artificial intelligence based on user-supplied natural language prompts, whether proprietary to Employ or facilitating the use of third-party technologies and developed or contracted by or with Employ or such third-party. 
2. Input Data means any information provided by, or on behalf of, Customer to Employ via AI. 
3. Output means the results returned to Customer by the AI based on Customer’s Input Data. 
4. Prohibited Content means content that: (a) violates, misappropriates, or infringes on any third party’s intellectual property or other rights; (b) contains indecent or obscene material; (c) contains libelous, slanderous, defamatory, or ethically-prohibited material; (d) promotes or contains fraudulent or illegal goods, services, or activities; (e) contains false, misleading, or deceptive statements, depictions, or sales practices; or (f) contains computer code, programs, or devices that are intentionally designed to disrupt, modify, access, delete, damage, deactivate, disable, harm, or otherwise impede in any manner, the operation of the Services, or any other systems or networks. 
5. Usage Data means data and data elements collected or generated by the Services or AI regarding configuration, environment, usage, performance, vulnerabilities and security of the Services which may be used to generate logs, statistics, invoices, and reports regarding the performance, availability, integrity, or security of the Services. In the event Usage Data contains personally identifiable information (PII), such PII will only be used by Employ to provide the Services and perform its obligations under the Agreement. 

2. Term.

This Addendum is coterminous with the Agreement. 

3. Ownership.

Employ retains all rights, title, and interest to the technology referenced herein, including all intellectual property rights, and Employ hereby provides a non-exclusive, revocable license to Customer to use such technology subject to the terms of this Addendum and the Agreement. As between Customer and Employ, Customer owns any Output that is unique to Customer (i.e., not utilizing or based on Employ’s intellectual property, or owned by a third party). Except for the limited license expressly granted herein, as between Employ and Customer, Employ will not dispute Customer’s ownership of Customer’s Input Data.

4. AI Terms.

1. Customer Input Data is subject to the provisions of the Agreement and this Addendum, including but not limited to use restrictions, confidentiality obligations, data deletion requirements, warranty disclaimers, indemnification, and limitations of liability. 
2. Employ may make AI functionality available within the Services by default; however, such functionality will not process Customer Data or generate Output unless and until Customer (through its Authorized Users) affirmatively enables it. Customer acknowledges that enablement of AI functionality is under its sole control, and Employ will have no responsibility or liability in connection therewith. 
3. If Customer instructs, directs, or consents to the use of its Input Data in training or fine-tuning AI or to its being shared with third parties (Training), Employ has a limited license to use such Input Data on an anonymized and/or aggregated basis to train models provided by Employ or its third-party AI providers. 
4. EMPLOY DOES NOT MAKE ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF THE OUTPUT OR THE AI. CUSTOMER SHOULD NOT RELY ON FACTUAL ASSERTIONS IN OUTPUT WITHOUT INDEPENDENTLY VERIFYING THEIR ACCURACY. OUTPUT MAY APPEAR ACCURATE BECAUSE OF ITS DETAIL OF SPECIFICITY BUT MAY CONTAIN INACCURACIES OR BE INVALIDATED, ALTERED, OR SUPERSEDED BY LATER INFORMATION. OUTPUT MAY NOT ACCOUNT FOR CHANGES TO UNDERLYING FACTS OCCURING AFTER THE AI WAS TRAINED. NO INFORMATION OR ADVICE RELATED TO AI, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM EMPLOY OR ITS PERSONNEL OR AI CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. 
5. AI may make errors and mistakes, misunderstand prompts, hallucinate answers, and introduce bias. Customer remains fully responsible for reviewing the Output, and Employ shall have no liability for Customer’s reliance on such Output. Output may not be unique, and AI may generate the same or similar output generated for use by Employ or a third party. Entering into this Addendum satisfies/waives any legally required disclosure requirements that the Services contain AI. 
6. Customer consents to Employ using Customer’s AI-related Usage Data for the purposes of optimizing, improving, and providing AI or the Services. 
7. Customer consents to Employ using Customer’s AI-related Usage Data for the purposes of troubleshooting AI or the Services. 
8. Employ may further limit or describe AI through an Order Form, release notes, direct communications, or the Documentation. 
9. Customer remains responsible for the legality of its Input Data and its use of and reliance on AI (including the Output). Customer will not introduce Prohibited Content into or through AI. Customer shall not use AI or Output to: (i) mislead any person that Output generated from AI was solely human-generated or authored solely by Customer or its Authorized Users; (ii) violate any applicable laws; or (iii) infringe, violate, or misappropriate any rights of Employ or any third party. Customer will not use AI for such purposes, and Employ has no knowledge of or liability for any such misuse. 
10. AI may be, in whole or in part, subcontracted to a third party contracted with Employ. 
11. To the extent Customer uses its own AI provider in connection with the AI, such use is at Customer’s own risk and no liability will accrue to Employ for such use or for any act or omission by such Customer AI provider, including with respect to any Training. Customer warrants that it has the right to use such AI provider without violating any contracts or applicable law. 
12. Customer is responsible for managing and monitoring access to the AI and for ensuring that only appropriately authorized individuals enable such functionality. Employ is not responsible for confirming whether any such individual has been authorized, and any use of the AI through Customer’s accounts, credentials, or systems will be treated as authorized by Customer.