Legal

Lumivero Artificial Intelligence Terms of Use

These Lumivero Artificial Intelligence Terms of Use (“A.I. Terms of Use”) govern the use of any artificial intelligence (“A.I.”) products or services (“A.I. Services”) offered by Lumivero, LLC or its affiliates (collectively, “Lumivero”) to a Lumivero customer (“Customer”). These A.I. Terms of Use apply in addition to the terms contained in the agreement that governs Customer’s access to and use of Lumivero products (“Agreement”), such as those contained in the Lumivero Master License and Services Agreement (“MSA”). All capitalized terms not defined herein shall have the meaning set out in the Lumivero MSA.

Content

1.1.

Lumivero claims no intellectual property rights in any Customer Data that Customer provides for use with the A.I. Services, nor any output generated by the A.I. Services.

1.2.

Lumivero furnishes its A.I. Services in connection with third-party service providers. Lumivero does not review contents of any inputs provided by Customer nor outputs created by the A.I. Services, including text, names, code, summaries, or any other outputs. Lumivero shall not be responsible for content, accuracy, bias, or intellectual-property-rights clearance related to Customer inputs to the A.I. Services or outputs created by the A.I. Services. Customer is solely responsible to ensure that it has all rights necessary (including trademark, copyright, and other intellectual-property rights) to submit Customer Data and inputs to the A.I. Services. Lumivero makes no representation, warranty, or guarantee as to the accuracy or reliability of the A.I. Services, or whether associated outputs may infringe on third-party intellectual-property rights. Customer must review the output of A.I. Services accordingly. Customer use of the A.I. Services is at Customer’s sole risk.

1.3.

Lumivero shall not use Customer Data or inputs to train or improve an artificial intelligence or machine-learning model in a form that retains or is derived from identifiable Customer information. Where Customer independently selects, enables, or configures a third-party AI provider, that provider’s processing of Customer Data is governed by Customer’s agreement, account settings, permissions, and configuration with that provider.

1.4.

Outputs generated by the A.I. Services may not be unique across Lumivero users, and the A.I. Services may generate the same or similar outputs for other users.

1.5.

All uses of the A.I. Services must comply with the Agreement.

1.6.

Customer authorizes Lumivero and any third-party service providers to process and use Customer Data or other inputs to the extent reasonably necessary to provide the A.I. Services, examine inputs and outputs where necessary in the event of suspected abuse or misuse, and secure and improve the A.I. Services, provided that such processing and use shall be consistent with Section 1.3.

1.7.

Certain A.I. Services may be accessed through or integrated with third-party marketplaces, platforms, directories, or other third-party channels (each, a “Third-Party Channel”). Access through any Third-Party Channel is also subject to the applicable operator's terms and policies, in addition to these A.I. Terms of Use. Customer is solely responsible for selecting, enabling, configuring, and administering its account, permissions, settings, and compliance with applicable terms in connection with any Third-Party Channel. Lumivero does not control, and shall have no liability for, any Third-Party Channel operator's processing, retention, or use of Customer Data or other information.

1.8.

Open Beta; Global AI Processing. “Open Beta” means any pre-release A.I. Service designated by Lumivero as open beta. During an Open Beta, regional processing of A.I. requests may not be supported, and A.I. requests may be processed outside the region where Customer Data is hosted. Customer acknowledges and agrees to such processing and will not use the Open Beta for content that is required to be processed exclusively in a particular region.

Restrictions

2.1.

Customer may not use the A.I. Services for any illegal, harmful, or abusive activity.

2.2.

Customer may not:

use the A.I. Services or outputs in a manner that violates any applicable laws or the Agreement;
use the A.I. Services or outputs in a manner that violates any applicable laws or the Agreement;
reverse assemble, reverse compile, decompile, translate, engage in model extraction or stealing attacks, or otherwise attempt to discover the source code or underlying components of the A.I. Services, algorithms, and systems of the Services (except to the extent these restrictions are contrary to applicable law); or
buy, sell, rent, or transfer access to the A.I. Services;
attempt to access, extract, or query any other user’s data or conversation history, or the underlying A.I. model’s memory, context window, or training data beyond Customer's own authorized inputs and outputs; or
circumvent, disable, or attempt to bypass any safety, content-moderation, or guardrail features of the A.I. Services.
submit to the A.I. Services any data that is subject to heightened legal or regulatory protection unless Lumivero has expressly approved the applicable A.I. Service for processing that category of data.

Disclaimers

3.1.

CUSTOMER SPECIFICALLY ACKNOWLEDGES AND AGREES THAT OUTPUTS OF THE A.I. SERVICES HAVE NOT BEEN REVIEWED FOR ACCURACY, BIAS, EXPLAINABILITY, HALLUCINATION, OR INTELLECTUAL-PROPERTY-RIGHTS CLEARANCE. LUMIVERO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE ACCURACY, RELIABILITY, OR ERROR-FREE PERFORMANCE OF THE A.I. SERVICES, INCLUDING (WITHOUT LIMITATION) WHETHER OUTPUTS MAY INFRINGE, MISAPPROPRIATE, OR VIOLATE ANY THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS.

YOU SHOULD SEEK INDEPENDENT PROFESSIONAL LEGAL ADVICE BEFORE YOU RELY ON ANY OUTPUT GENERATED BY THE A.I. SERVICES.

3.2.

Nothing herein shall be read to amend Agreement terms, including, but not limited to, altering language governing liability, warranty, and intellectual-property obligations.

Limitation of Liability

TO THE EXTENT AN AGREEMENT APPLIES, THE LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES SET FORTH IN THE AGREEMENT SHALL GOVERN ALL CLAIMS ARISING OUT OF OR RELATING TO THE A.I. SERVICES. WHERE NO AGREEMENT APPLIES, IN NO EVENT SHALL LUMIVERO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR ANY THIRD-PARTY SERVICE PROVIDERS, BE LIABLE TO CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM ANY OUTPUTS CREATED USING THE A.I. SERVICES.