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1. TERMS AND CONDITIONS
Campaign Operator licenses certain Wyng services (the “Services”). These terms (“AI Terms“) govern Campaign Operator’s use of the artificial intelligence services or features (“AI Services”) available through the Services. Any terms used not defined herein shall have the meaning as defined in the Wyng Terms of Service, any agreement by and between the parties, any exhibits thereto, and the Wyng Order (the “Agreement”). The Agreement shall continue in full force and effect.
2. ACCEPTANCE OF THE AI TERMS
THESE AI TERMS, TOGETHER WITH THE AGREEMENT AND ANY ADDITIONAL POLICY, SET FORTH THE TERMS ACCORDING TO WHICH CAMPAIGN OPERATOR MAY USE THE AI SERVICES. BY USING THE AI SERVICES, CAMPAIGN OPERATOR ACKNOWLEDGES THAT IT HAS READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE AI TERMS.
3. LICENSE OF AI SERVICES
Wyng hereby grants the Campaign Operator a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to use the AI Services. The use of the AI Services is subject to the Campaign Operator’s compliance with any and all applicable laws, the Agreement, and these AI Terms. Wyng reserves the right to charge fees for the use of the AI Services at any time upon providing prior notice. If Campaign Operator does not agree to such fees, or any of these AI Terms, Campaign Operator’s sole remedy is to cease use of the AI Services. Wyng may modify the AI Terms at any time, as well as any Wyng policies with respect to the use of AI Services. In the event that the AI Services are provided at no charge by Wyng, Wyng may terminate the license to such AI Services. In the event that the AI Services are provided by Wyng on a beta basis, Wyng may terminate the “beta” license at any time, and Wyng does not warrant or represent that any features in such beta AI Services will be contained in any subsequent AI Services licensed for commercial use.
4. RESTRICTIONS ON USE
In addition to the restrictions in the Agreement, it is prohibited to use AI Services to:
5. AI CONTENT
The Campaign Operator is responsible for any text typed in, images, or other content uploaded to AI Products (“Input”) as well as the resulting materials generated, such as images or text (“Output”). The Campaign Operator is responsible for ensuring that the Input and Output comply with these AI Terms and the Agreement before using or sharing it. The Campaign Operator agrees not to include any sensitive personal data (including personally-identifiable information and data that reveals racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health data, or data concerning a person’s sex life or sexual orientation) in any Input to AI Services.
As between the Campaign Operator and Wyng, to the extent permitted by law and subject to the terms of the Agreement that governs the use of Wyng Services, the Campaign Operator owns Input and Output and instructs and gives Wyng the right to host and use the Input and Output with the Wyng Services.
When using Output in Wyng campaigns, Campaign Operator will inform viewers that Campaign Operator’s content is AI-generated and, as a result, may contain errors.
In the event that any of the Campaign Operator’s Input or Output is alleged to be unlawful or otherwise in breach of these terms, Campaign Operator acknowledges that Wyng may disclose such content to law enforcement or other governmental authorities, or in response to a court order.
Wyng may impose limits on the number of Inputs and Outputs. Campaign Operator will be notified when it has reached the maximum number of Inputs or Outputs for its account.
6. ACCURACY
Wyng does not guarantee accuracy of any Output generated by the AI Services. Given the nature of machine learning, and AI, use of the AI Services may in some situations result in incorrect Output that does not accurately reflect the action generated. The Campaign Operator shall have full control of any Output being applied or used, and shall evaluate the accuracy of any Output prior to acceptance of the Output.
7. THIRD-PARTY PROVIDERS
The Inputs may be shared with and manually reviewed by a person, including by third-party service providers located around the world. Therefore, the Campaign Operator shall not use or provide any sensitive information or that should not be viewed by others, including personal data. Campaign Operator assumes the risk for any violation of privacy laws or loss of intellectual property protection due to Campaign Operator’s Input. Wyng has no control over the use of the Input; thus, any use of such Input is at the Campaign Operator’s own risk.
Campaign Operator acknowledges that any Input provided, or any Input the Campaign Operator’s customers or users provide while interacting with AI Services, will be shared with third-party service providers Wyng engages to enable functionality within the Wyng Services. By using the AI Services, Campaign Operator directs and consents to all Input data, including any personal data in an Input being transferred to third parties, which, depending on where the Campaign Operator resides, may not provide the same level of protection for personal data. Campaign Operator also acknowledges it has the responsibility to make any legally required disclosures and collect any legally required consent from its customers or users interacting with the AI Services.
8. DISCLAIMERS
THE OUTPUT OF AI SERVICES IS GENERATED BY ARTIFICIAL INTELLIGENCE. WYNG HAS NOT VERIFIED ITS ACCURACY, AND IT DOES NOT REPRESENT WYNG’S VIEWS. IN ADDITION TO ANY DISCLAIMERS SET FORTH IN THE AGREEMENT, THE AI SERVICES ARE PROVIDED ON AN “AS IS” AND AS “AVAILABLE” BASIS. WYNG AND THE APPLICABLE THIRD-PARTY PROVIDER MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE AI SERVICES, THE INFORMATION, TEXT, AND AI CONTENT INCLUDED IN THE OUTPUT, OR THE USE OF THE INPUT, INCLUDING WITHOUT LIMITATION, ACCURACY OF THE RESULTS, AVAILABILITY, SUITABILITY, RELIABILITY, OR AI CONTENT OF ANY INFORMATION PROVIDED THROUGH THE AI SERVICES OR FEATURES. CAMPAIGN OPERATOR UNDERSTANDS THAT AI CONTENT MAY BE SUSCEPTIBLE TO RISKS COMMONLY ASSOCIATED WITH INFORMATION STORED ON THE CLOUD. WYNG WILL HAVE NO LIABILITY OR RESPONSIBILITY ARISING IN ANY WAY FROM THE USE OF THE AI SERVICES OR FEATURES OR ANY ERRORS OR OMISSIONS CONTAINED IN THE AI CONTENT. NEITHER WYNG NOR ANY OF ITS AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WYNG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
