LAST UPDATED: April 27, 2023
These Litmus Generative AI Supplemental Terms (“Litmus AI Terms”) form a part of the service agreement entered into by the parties (the “Agreement”). These Litmus AI Terms apply to Customer’s access to, and use of, any artificial intelligence (AI)-powered service(s), feature(s), or functionality made available by Litmus. In the event of any conflict between the Litmus AI Terms and the Agreement, the Litmus AI Terms shall control.
Litmus AI. From time to time, Litmus may introduce services, features, or functionalities as part of the Services that utilize AI, machine learning, or similar technologies (“Litmus AI”). Any Litmus AI made available by Litmus and/or a third-party provider that the Customer elects to use are a part of the Services. Litmus and its licensors exclusively own all right, title, and interest in and to the Litmus AI, including all associated intellectual property and proprietary rights.
AI Content. During the use of the Services, Customer may submit content to be processed by Litmus AI (“Input”), and receive content generated and provided back to Customer by Litmus AI based on the Input (“Output,” and collectively with Input, “AI Content”). AI Content shall constitute Customer Content that is owned by Customer. Customer is solely responsible for any AI Content, including the accuracy, quality, appropriateness, and legality thereof, and will ensure that its AI Content and use of Litmus AI does not (i) violate any applicable law; (ii) violate these Litmus AI Terms or the Agreement; or (iii) infringe, violate, or misappropriate the rights of Litmus or any third party. Litmus does not permit our third-party providers of Litmus AI to use the AI Content to train their Al models.
Customer Content. By making any Customer Content available through the Services, Customer hereby grants Litmus a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable, right to use, process, copy, reproduce, modify, create derivative works of, excerpt, translate, publish, display, transmit, perform, and distribute the Customer Content solely as necessary to operate, enhance, improve, and further develop Litmus AI and to provide the Services. Customer represents and warrants that it possesses all rights necessary to provide Customer Content and to grant the licenses to Litmus set forth herein.
Restricted Use. Customer may not use Litmus AI: (i) to develop machine learning models or similar technology; (ii) to mislead any person that Output from the Services was solely human generated; (iii) in a manner that violates any technical documentation, usage guidelines, or other terms and conditions. Customer will not provide any personally identifiable information, including names, addresses, phone numbers, email addresses, or birth dates for processing via Litmus AI.
Disclaimer. Customer acknowledges and agrees that Litmus AI has not been fully tested. Litmus AI uses experimental technology, and any Output may not meet Customer’s desired use including, without limitation, that it may be inaccurate, offensive, or duplicative of content generated by Litmus AI for other Litmus customers. Customer must use discretion when relying on, publishing, distributing, or otherwise using any Output resulting from the use of Litmus AI. LITMUS AI IS PROVIDED TO CUSTOMER “AS IS” WITHOUT ANY INDEMNITIES, REPRESENTATIONS, OR WARRANTIES OF ANY KIND (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE), AND MAY BE MODIFIED, DISCONTINUED, OR CANCELLED AT ANY TIME FOR ANY REASON AT THE SOLE DISCRETION OF LITMUS. IN NO EVENT WILL LITMUS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING UNDER OR IN CONNECTION WITH LITMUS AI OR CUSTOMER’S USE THEREOF.
Modifications. Litmus may, in our sole discretion, modify, or update these Litmus AI Terms from time to time. Customer’s continued use of Litmus AI after any such change constitutes your acceptance of any modifications to these Terms.
Third-Party Provider Terms. Litmus AI contains derivatives of a machine learning generative model whose distribution is subject to restrictions. If Customer chooses to use Litmus AI, Customer may not use Litmus AI in any manner that violates any Open AI policy, including their Usage Policies, Sharing & Publication Policy, and Community Guidelines.
“Litmus” means Litmus Software, Inc., a Delaware corporation, located at 675 Massachusetts Ave., 10th Floor, Cambridge, MA 02139, U.S.A., or the Litmus Affiliate that has signed the applicable Agreement.
“Customer” means the customer accepting these Litmus AI Terms and identified in the applicable Agreement.
“Customer Content” means all text, images, documents, materials, photos, audio, video, and all other forms of data or communication made available or provided by or on behalf of Customer to Litmus, or generated and collected by Litmus on behalf of Customer, in connection with the provision of Services.
Any undefined terms used herein have the same meaning as set forth in the Agreement.