BRYTER AI Terms
Please note: from MSA Version 5.0 (May 2024) onwards, the BRYTER AI Terms are incorporated in the MSA (12.).
The following terms (“BRYTER AI Terms”) form a part of the Master Service Agreement (“MSA”) between Customer and BRYTER. Any terms used herein have the same meaning as in the MSA.
These BRYTER AI Terms apply to Customer’s access and use of any feature(s) or functionality within the Software that are enabled by data models trained by machine learning or enabled by other artificial intelligence functionalities, including integrations to third-party systems (“AI Service”). By accessing or using the Software, Customer agrees to be bound by these BRYTER AI Terms.
1. Responsibility for Input and Output
1.1. Customer is solely responsible for the content, data, and information Customer provides to the AI Service (“Input“).
1.2. The output generated by the AI Service based on your Input (“Output“) is also Customer’s responsibility. Customer is aware and acknowledges that Output may be factually wrong, unoriginal, and not unique. Customer is required to review and validate the Output before using it for any purpose. By using the Output, Customer assumes all responsibility for the Output.
1.3. Customer is solely responsible for development, content, operation, maintenance, and use of the Input and Output.
1.4. Customer will ensure that the Input, the use of the AI Service and Output will not (i) violate any applicable law; (ii) violate these BRYTER AI Terms and the MSA; or (iii) infringe, violate, or misappropriate any of our rights or the rights of any third party. Furthermore, Customer will obtain consent or another suitable legal justification from any data subject whose Personal Data Customer provides to the AI Service
2. Customer Input Will not be Used for AI Training
2.1. BRYTER does not use Customer Input nor permit others to use Customer Input to train the machine learning models used to provide the AI Service. Customer’s use of the AI Service does not grant BRYTER any right or license to the Customer Input nor Output to train machine learning models used to provide the AI Service.
2.2. BRYTER may use data collected from Customer’s use of the AI Service when Customer (i) voluntarily provides feedback to BRYTER; or (ii) gives BRYTER its permission.
2.3. Customer Input and Output may be temporarily stored for abuse monitoring.
3. Usage Restrictions
Without derogating from Usage Restrictions included in the MSA, Customer hereby represents and warrants that it will not, nor will it authorize anyone on its behalf, including an Authorized User, to:
a) mislead any person that the Output generated is human-generated;
b) use the AI Service to generate content that expresses or promotes hate, harassment, or violence, exploits or harms children, encourages self-harm, presents illegal, sexual, political, harmful, false, deceiving or misleading information, misuses Personal Data, contains malware, unsolicited bulk content, ransomware, viruses, or other software;
c) use the AI Service for activities which have high risk of economic harm, for adult content, adult industries, and dating apps;
d) offer tailored financial advice without a qualified person reviewing the information;
e) provide health advice, political campaigning or lobbying;
f) use the AI Service in a way that infringes, misappropriates or violates any third party rights, including privacy rights and confidentiality;
g) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the AI Service (except to the extent such restrictions are contrary to applicable law);
h) use the AI Service to develop foundation models or other large scale models that compete with the AI Service, OpenAI, Azure OpenAI or any other third-party involved in the provision of the AI Service; and
i) use any method to extract data from the AI Service, including web scraping, web harvesting, or web data extraction methods, other than as permitted through the API.
4. Non-Applicability of the Service Level Agreement
4.1. The AI Service is excluded from the Service Level Agreement (SLA) agreed between Customer and BRYTER. The AI Service may be subject to downtime, interruptions, and errors without any guaranteed response or resolution time.
4.2. Customer acknowledges that the use of the AI Service can be restricted by volume limitations.
5. Warranty Disclaimer
5.1. THE AI SERVICE IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. BRYTER MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE ACCURACY, RELIABILITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
5.2. BRYTER DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE AI SERVICE OR THE ACCURACY OR NON-INFRINGEMENT OF ANY OTHER INFORMATION OBTAINED THROUGH THE AI SERVICE. CUSTOMER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA OBTAINED THROUGH THE USE OF THE AI SERVICE NOTION AI IS DONE AT CUSTOMER’S SOLE RISK.
6. Third-Party Policies
In addition to these Terms, Customer agrees to comply with the respective Terms of Service and Use of Azure OpenAI and other third-party providers that contribute to the enablement of the AI Service.
7. Data Processing
7.1. The DPA applies to the processing of Personal Data in connection with the AI Service.
7.2. Additionally, Customer hereby agrees that BRYTER engages Microsoft Corporation as a sub-processor to process Personal Data provided by Customer or End Users in order to enable the AI Services. For customers of BRYTER US, Inc. the sub-processing takes place in the European Union, the United Kingdom or the United States. For customers of BRYTER GmbH the sub-processing takes place in the European Union or the United Kingdom, unless agreed otherwise between BRYTER and Customer.
8. General Provisions
8.1. BRYTER reserves the right to modify, suspend, or discontinue the AI Service, or any part of it, at any time without prior notice.
8.2. BRYTER reserves the right to modify these BRYTER AI Terms from time to time. By continuing to use the AI Service, Customer agrees to the modified terms.
Last updated: November 2023