Additional Terms for Generative AI features
APPLICABILITY
1.1 These Additional Terms shall apply as the use of the Platform includes the use in conjunction with Generative AI features (“GenAI Terms”), and they may be amended from time to time in accordance with the Agreement. The GenAI Terms will apply when you use or access the Software with generative AI features (“GenAI features”).
1.2 These GenAI Terms supplement the Agreement and govern specific aspects of the License and use of the Software. If there is a conflict between these GenAI Terms and any other document forming the Agreement, the order of precedence is as follows: Agreement, License General Terms and Conditions, these GenAI Terms.
1.3 Unless otherwise defined herein, any capitalized terms shall have the meanings given to them in the Order Form or the Agreement including the License General Terms and Conditions (or other applicable governing terms), as applicable.
DEFINITIONS
2.
2.1 “User Content” means user content or documents uploaded by Customer including by any User to the Software for the purpose of using the GenAI features.
2.2 “User Prompt(s)” means an input provided by a user to the Software in the form of a query, statement, or instruction, intended to guide the Software in generating an Output or completing a task using the GenAI features.
2.3 “De-identified User Prompt” means where Company has de-identified metadata associated with a User Prompt so a user is no longer personally identified.
2.4 “Output” means an output generated and returned by the Software to a user in response to a User Prompt.
General
Generating Content. When you use generative AI features, you may be asked to input or upload content, such as an audio file, video file, document, image, or text (including any output parameters, such as aspect ratio, style, etc.) (collectively, “Input”). The Input will be used by the Services and Software to generate an output, such as an image, text, text effects, vector graphic file, audio file, or video file, which will be provided within the Services and Software (“Output”). The Input and Output are your Content (and are not Content Files or Sample Files) and all provisions governing Content in the Terms apply to the Input and Output. The generative AI features, Input, and Output must be used in accordance with the Terms, which may be modified from time to time. Sanjer reserves the right to throttle, limit, disable, suspend, or terminate your right to use or access the generative AI features at any time in our sole discretion without prior notice to you.
INPUTS
3.
3.1 You are solely responsible for your Input. You must not submit any Input that: (a) includes trademarks or other materials protected by third-party Intellectual Property Rights, unless you have sufficient rights in such materials; (b) is intended to generate Output that is substantially similar to a third party’s copyrighted work or is otherwise protected by third-party Intellectual Property Rights, unless you have sufficient rights in such work; (c) contains personal information unless you comply with all data protection and privacy laws and regulations applicable to the personal information, including providing privacy notices and obtaining consent, where required; (d) violates applicable law; or (e) violates the Terms. We may automatically block your Input, in our sole discretion, if we believe it violates the rights of a third party, applicable law, or the Terms.
3.2 You may provide a User Prompt and User Content to the Services and receive a resulting Output from GenAI features. As between the parties, you own, or have the relevant third-party licenses, legal grounds, consents or permissions to, User Prompts and User Content.
3.3 We will not, and will not permit our third-party providers to, develop, train, or fine-tune a generative AI large language model with User Prompts, De-identified User Prompts, or User Content.
3.4 With respect to User Prompts only, we may create and use De-identified User Prompts to improve the performance, functionality, and overall user experience of the Software. We will take reasonable steps to ensure that all such De-identified User Prompts are not re-identified by us or any third party. When using or accessing the Software, you must not provide Company with any User Prompts or User Content, including any personal data (as defined by applicable law) in User Prompts or User Content, which violate, misappropriate, or infringe the rights of any third party, applicable law, the Agreement, or these GenAI Terms.
OUTPUTS
4.
4.1 Your Responsibilities. You are solely responsible for the creation and use of the Output and for ensuring the Output complies with the Terms; however, we may use available technologies, vendors, or processes to screen for and block Output that may violate applicable law, the rights of a third party, or the Terms, before the Output may be delivered to you. Sanjer disclaims all warranties, express or implied, regarding the Output, including any implied warranties that the Output will not violate the rights of a third party or any applicable law. In addition, you must not remove or alter any watermarks or Content Authenticity Initiative metadata (e.g., Content Credentials) that may be generated with the Output, or otherwise attempt to mislead others about the origin of the Output. See contentauthenticity.org for more information.
4.2 Use of generative AI features may produce Output that is unexpected or unsuitable for some users. The Output may not be unique and other users of generative AI features may generate the same or similar Output. The Output may not be protectable by Intellectual Property Rights.
4.3 To the extent permitted by applicable law and to the extent any ownership rights exist in Output, as between you and us, Customer retains ownership rights to any Output generated through the Generative AI features where the Output is directly derived from or substantially incorporates Customer’s User Content. Such ownership is subject to the rights of any third-party licensors and Sanjer’s intellectual property rights. Customer warrants that it has the necessary rights, licenses, and consents related to User Content used in generating such Output.
4.4 Sanjer retains ownership of all Outputs generated through Generative AI features where no User Content has been provided, including Outputs derived solely from User Prompts or Sanjer’s proprietary content. Customer is granted a non-exclusive, non-transferable right to use such Sanjer-owned Output solely in connection with its authorized use of the Software, subject to compliance with this Agreement and applicable law.
4.5 You may not use our property or our third-party providers’ property to train or develop any artificial intelligence or machine learning algorithms or software, or create any derivative works, compilations or collective works or in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of Company or any person, or that violates any applicable law.