Artificial Intelligence Supplementary Terms
Effective Date: November 16, 2023
“AI” means any feature(s) or functionality made available under the Agreement that utilize data models trained by machine learning.
“AI Writing Tools” means the AI authorship and editing tools, including tools for generation of textual content through AI.
Subscription Term and Subscriptions. AI Add-On Subscriptions include the features and functionality as outlined on our Website and the Documentation for the applicable Subscription Plan. Unless otherwise indicated at the time of purchase or in an Order Form, the Subscription Term for an AI Add-on shall be coterminous with your primary Subscription to the Services, including any renewal Subscription Term.
Your use of AI is subject to usage limitations. You acknowledge and agree that if you exceed the usage permitted by your Subscription and Subscription Plan: (i) you may be required to upgrade your Subscription Plan or purchase additional usage to continue accessing and using AI; and (ii) Newtn SAS may disable or degrade performance of such AI features.
Improving Newtn SAS AI. Newtn SAS does not use your Customer Data, or permit others to use your Customer Data, to train the machine learning models used to provide the AI. Your use of the AI does not grant Newtn SAS any right or license to your Customer Data to train our machine learning models.
Artificial intelligence and machine learning models can improve over time to better address specific use cases. We may use data we collect from your use of AI to improve our models when you (i) voluntarily provide Feedback to us; or (ii) give us your permission.
Input and Output. You may provide input to be processed by AI (“Input”), and receive output generated and returned by AI based on the Input (“Output”). When you use AI, provided you are in compliance with the Agreement, Input and Output are your Customer Data. You are solely responsible for the development, content, operation, maintenance, and use of your Customer Data. You will ensure that your Input and use of AI and Output will not (i) violate any applicable law; (ii) violate these AI Terms, the Agreement or our Content and Use Policy; or (iii) infringe, violate, or misappropriate any of our rights or the rights of any third party. You acknowledge that due to the nature of machine learning and the technology powering AI features, Output may not be unique and AI may generate the same or similar output to Newtn SAS or a third party.
Newtn SAS AI Feature Use Restrictions. You may not use AI or Output (i) to develop foundation models or other large scale models that compete with Newtn SAS or AI; (ii) to mislead any person that Output from the Services was solely human generated; (iii) to generate spam or content for dissemination in electoral campaigns, or (iv) in a manner that violates any technical documentation, usage guidelines, or parameters. You will comply with all rules, laws and restrictions relating to the use of Output, including, without limitation, providing disclaimers with Output if it is utilized in the fields of medicine, finance, or law.
WARRANTY DISCLAIMER. NEWTN DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF AI OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH NEWTN SAS AI. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA OBTAINED THROUGH THE USE OF ANY AI FEATURE IS DONE AT YOUR SOLE RISK. YOU SHOULD NOT RELY ON FACTUAL ASSERTIONS IN OUTPUT WITHOUT INDEPENDENTLY FACT CHECKING THEIR ACCURACY. OUTPUT THAT APPEARS ACCURATE BECAUSE OF ITS DETAIL OF SPECIFICITY MAY STILL CONTAIN MATERIAL INACCURACIES. AI CANNOT DYNAMICALLY RETRIEVE INFORMATION, AND OUTPUT MAY NOT ACCOUNT FOR EVENTS OR CHANGES TO UNDERLYING FACTS OCCURRING AFTER THE AI MODEL WAS TRAINED. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NEWTN SAS OR THROUGH AI SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Service Level Terms Are Not Applicable. Notwithstanding anything to the contrary in your Agreement, downtime of AI that results from a failure of a third-party service will not be included in the availability and downtime calculations of Newtn SAS Services.
Third Party Provider Policies. If you choose to use the AI feature(s), you may not use the AI features in a manner that violates any OpenAI Policy, including their Content Policy; Sharing and Publication Policy; and Community Guidelines. You hereby indemnify and hold Newtn SAS harmless from and against any claims arising from or relating to your breach of the foregoing.