Service-Specific Terms

Introduction

These Sogolytics AI Service Specific Terms of Use (“AI Service Terms”) are hereby entered by and between Sogolytics LLC (“Sogolytics”) and governs the use of the artificial intelligence (“AI”) features made available to the Customer through its Service (“AI Service”).

By using the AI Service, you indicate your acceptance of and to these AI Service Terms.

The Customer is responsible for ensuring its, and its Authorized Users’, use of these AI-enabled features comply with these AI-specific Terms. These AI Service Terms complements Sogolytics’ service agreement (“Agreement”) and other relevant legal documentation related to the Service provided to the Customer. In the event of a conflict between the Agreement and these AI Service Terms, the terms of these AI-specific Terms shall govern.

1. ACCEPTANCE OF THE AI TERMS

1.1 THESE AI SERVICE TERMS, TOGETHER WITH THE AGREEMENT AND ANY ADDITIONAL POLICY, SET FORTH AND SETTLE THE TERMS ACCORDING TO WHICH THE CUSTOMER MAY USE THE AI SERVICE. BY USING THE AI SERVICE, THE CUSTOMER ACKNOWLEDGE THAT IT HAS READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE AI SERVICE 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.

2. LICENSE

2.1 Sogolytics hereby grants the Customer a limited, revocable, non-exclusive, non-transferable and non-sublicensable license to use the AI Service. The use of the AI Service is subject to the Customer’s compliance with any and all applicable laws and these AI Service Terms. The Customer understands and acknowledges that the AI Service is not mandatory or integrated by default, the Sogolytics’ Services may be used without enabling the AI Service. The AI Service is currently provided free of charge, however, Sogolytics reserves the right to charge fees at any time upon providing prior written notice.

3. CONTENT AND RESPONSIBILITY

3.1 User Input and Output: Customers may provide input (“Input”) to the AI Service and receive generated output (“Output”). Both Input and Output constitute “Customer Content”. Customers are solely responsible for their Customer Content and agree that their use of the AI Service will comply with all applicable laws, these AI Service Terms and the OpenAI Terms (as defined below). 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 Customer 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.

3.2 Prohibited Content: Customer agrees to not input any confidential or sensitive information into the AI Service.

3.3 Usage Restrictions: Customers agree not to: (a) Generate spam or content for electoral campaigns or lobbying; (b) Attempt to reverse engineer the AI Service; (c) Violate any technical documentation or usage guidelines; (d) Develop competing models using the AI Service or Output; (d) Misrepresent AI-generated content as solely human-generated; (e) Use web scraping or data extraction methods on the AI Service or Output; (f) Use the AI Service in unsupported geographies.

3.4 Usage Limits: Use of the AI Service is subject to usage limits as detailed in Sogolytics' documentation. Sogolytics may restrict access or terminate the use of the AI Service for violations of these Terms.

3.5 Non-Exclusivity of Output: The Customer acknowledges and understands that due to the nature of AI and large language models, Output may not be unique and the AI Service may generate the same or similar output for other customers.

4. ACCURACY AND USE

4.1 Sogolytics does not guarantee the accuracy of any Output generated by the AI Service, or suitability of any Output for any particular purpose. Given the probabilistic nature of AI used in the Service, the use of Sogolytics’ AI Service may in some situations result in incorrect Outputs that do not accurately reflect the Input provided. The Customer shall evaluate the accuracy of any Output and shall not rely on Sogolytics to do so. The Customer agrees not to rely on the AI Service for professional advice, including legal, medical, or financial advice.

5. SERVICE IMPROVEMENT

5.1 Data Usage: Sogolytics may store and use Content from the AI Service for the limited purpose of verifying that the Content complies with OpenAI’s policies. Users may have the option to opt out of certain data usage, which may limit the AI Service’s effectiveness for their specific needs.

5.2 Feedback: You may provide your feedback regarding the AI Service to: support1@sogolytics.com (“Feedback”). The Feedback shall include Feedback on the performance, features that may be missing, and any bugs encountered during the use of the AI Service. Any Feedback provided, grants Sogolytics 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. Sogolytics acknowledges that any Feedback is provided on an “as-is” basis with no warranties of any kind.

6. THIRD-PARTY POLICIES

6.1 Users agree to comply with all applicable third-party policies related to the AI Service, as communicated by Sogolytics.

6.2 The AI Service is provided by third-party providers. Currently, Sogolytics is using the artificial intelligence technology developed and provided by OpenAI LLC (“OpenAI”). Customer acknowledges and understands that the OpenAI Terms of Use, available at https://openai.com/policies/terms-of-use including but not limited to the OpenAI Usage Policies available at https://openai.com/policies/usage-policies/ (collectively, “OpenAI Terms”), govern the use of the AI Service, and may be used only in the following jurisdictions: https://platform.openai.com/docs/supported-countries. The Inputs may be shared by OpenAI with, and may be manually reviewed by, person(s) including by third-party contractors, located around the world. Therefore, the Customer must not provide any Input that is sensitive or that should not be viewed by others, including but not limited to personally identifiable information. Sogolytics does not share personally identifying information with OpenAI, unless any such account information is a part of the Input provided by the Customer. Sogolytics has no control over the use of the Input, and the Output generated; thus, any use of the AI Service is at the Customer’s own risk and Sogolytics does not represent, undertake or warrant any security or control of or to the Input.

7. WARRANTY DISCLAIMER

7.1 IN ADDITION TO ANY DISCLAIMERS SET FORTH IN THE AGREEMENT, THE AI SERVICE IS PROVIDED ON AN “AS IS” AND AS “AVAILABLE” BASIS. SOGOLYTICS AND THE APPLICABLE THIRD-PARTY PROVIDER, MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE AI SERVICE, 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 SERVICE. SOGOLYTICS WILL HAVE NO LIABILITY OR RESPONSIBILITY ARISING IN ANY WAY FROM THE USE OF THE AI SERVICE OR ANY ERRORS OR OMISSIONS CONTAINED IN THE CONTENT.

7.2 NEITHER SOGOLYTICS NOR ANY OF ITS AFFILIATES OR LICENSORS OR SERVICE PROVIDERS 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 SOGOLYTICS 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 SERVICE. THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

8. SERVICE LEVEL AGREEMENT

8.1 Downtime resulting from third-party service failures is excluded from any availability or uptime calculations for the AI Service.

9. TEAM AND ENTERPRISE ACCOUNTS

9.1 The Customer’s account administrator is responsible for managing AI Service settings for all associated Content and for all its Users.