Happeo AI Terms

These Happeo AI Terms (“AI Terms”) supplement the Terms of Service or the Master Subscription Agreement that are, as applicable, in place between you and Happeo (the “Agreement”) and apply to your access to and use of any Happeo feature(s) powered by AI (“AI Features”). Any definitions that are not specifically defined in these AI Terms have the meaning given to them in the Agreement. 

The Happeo Data Processing Addendum applies to these AI Terms and will incorporate any provisions not covered in these AI Terms.

You acknowledge and agree that Happeo uses third-party technology, including Google Cloud Platform AI technology, to provide AI Features. 

Changes to the AI Features and the AI Terms

Happeo may, at its sole discretion, modify or replace the AI Terms by posting a notice to the Service, website or by email notification. Happeo may also change, discontinue or limit access to the AI Features or parts of it without prior notice or liability to you. You are responsible for reviewing the AI Terms periodically, and your continued use of the AI Features constitutes your acceptance of the changes. 

You acknowledge and agree that your access and continued use of the AI Features or any parts of it may be subject to your agreement to pay additional fees. 

Input and Output

You may provide input to be processed by AI Features (“Input”), and receive output generated and returned by AI Features based on any Input (“Output”). When using AI Features, for the purposes of the Agreement, Input and Output are your Customer Content. You are solely responsible for the creation, development, content, operation, maintenance, and use of your Customer Content. You are solely responsible for ensuring that your Input, access to and use of AI Features, and Output will not violate any laws applicable to your use of the Service or these AI Terms. 

You acknowledge and agree that due to the nature of machine learning and the technology powering AI Features, Output may not be unique and same or similar output may be generated to Happeo and/or third parties. The emerging technologies may provide inaccurate or offensive Output and are not designed for or intended to meet any regulatory or legal obligations.

Intellectual Property Rights

You agree that, as between you and us, Happeo retains ownership of all legal rights, title and interest in and to AI Features, including all intellectual property rights. No other rights or permissions than a licence to use the AI Features, is granted.

Improvements 

Artificial intelligence and machine learning models can improve over time to better address specific use cases. We do not and will not permit third parties to use your Customer Content to improve or train their AI models. We do not and will not use your Customer Content to improve or train our models without your permission to do so. For the avoidance of doubt, Happeo has the right to collect metadata and other Usage Data (as defined in the Terms of Service) generated in connection with the use of AI Features, and such data is deemed Happeo Technology, and can be used to improve the Services, including without limitation AI Features.

Use Restrictions

You will not use AI Features to develop models that compete with the AI Features or that are otherwise outside the scope of the licence granted to you in the Agreement. AI Features are powered by third-party technology, including Google Cloud Platform technology, and you may not use AI Features in a manner that violates Google’s Prohibited Use Policy as may be updated from time to time. 

Personal Data and Processing Location

To the extent Input contains Controller Data (as defined in the Data Processing Addendum applicable between the Parties), you instruct Happeo to process Controller Data for the additional purpose of providing functionalities and Output by AI Features. 

Disclaimer

DISCLAIMER OF WARRANTIES. AI FEATURES AND ANY CONTENT OR OUTPUT ARE PROVIDED “AS-IS” AND ANY USE THEREOF IS AT YOUR SOLE RISK. HAPPEO MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF AI FEATURES OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH AI FEATURES. 

YOU SHOULD NOT USE OR RELY ON THE AI FEATURES OUTPUT WITHOUT INDEPENDENTLY DETERMINING THE ACCURACY OF THE OUTPUT, AS ANY OUTPUT MAY DUE TO THE NATURE OF MACHINE LEARNING AND USE OF EMERGING TECHNOLOGY CONTAIN MATERIAL INACCURACIES OR UNVERIFIED INFORMATION OR OFFENSIVE MATERIAL. 

NO INFORMATION, ADVICE, OR OTHER CONTENT, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE USE OF AI FEATURES SHALL CREATE ANY WARRANTY NOT EXPRESSLY SET FORTH HEREIN, AND HAPPEO DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 

THE LIMITATIONS SET FORTH IN THE AGREEMENT FOR BETA VERSIONS WILL APPLY TO AI FEATURES, YOUR USE OF AI FEATURES, AND ANY OUTPUT OBTAINED FROM AI FEATURES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN YOUR AGREEMENT, HAPPEO MAKES NO WARRANTY REGARDING THE AVAILABILITY OR UPTIME OF AI FEATURES AND MAY DISCONTINUE OR MODIFY AI FEATURES OR THESE AI TERMS AT ANY TIME IN ITS SOLE DISCRETION.