Generative AI

Attachment A: Generative AI Terms

Effective 03 December 2024



The following terms (“AI Terms”) are hereby added to and become part of the Agreement as Additional Terms. Capitalized terms not defined in these AI Terms have the meanings given in the Agreement. The Agreement applies to the AI Features as part of the Cloud Service with the following modifications. 

  1. 1. Use of AI Features.

    Customer may submit Customer Data (including in the form of prompts or queries) to the AI Features (“Inputs”) and receive outputs from the AI Features (“Outputs”).   “AI Features” means large language models (LLMs) or other machine learning or artificial intelligence features of the Cloud Service. 

  2. 2. Training

    Provider may use Inputs and Outputs to train or otherwise improve the AI Features, but only if such Inputs and Outputs have been (a) de-identified so that they do not identify Customer, its Users or any other person and (b) aggregated with data across other customers. For these purposes (and without limiting Customer’s other obligations with respect to Customer Data generally), such data is provided by Customer to Provider strictly “AS IS”. 

  3. 3. Intellectual Property:  

    • A. Inputs. Except for Provider’s express rights in the Agreement, as between the parties, Customer retains all intellectual property and other rights in Customer’s Inputs.  
    • B. Outputs. Subject to the Agreement (including the AUP and these AI Terms), Provider hereby grants to Customer a non-exclusive, worldwide, perpetual right and license to reproduce, distribute, publicly display, publicly perform and prepare derivative works of Outputs.

  4. 4. Similar Output.

    Customer acknowledges that Outputs provided to Customer may be similar or identical to Outputs independently provided by Provider to others.  

  5. 5. Infringement by Output.

    Due to the nature of the AI Features, Provider does not represent or warrant that (a) Output does not incorporate or reflect third-party content or materials or (b) Output will not infringe third-party intellectual property rights. Claims of intellectual property infringement or misappropriation by Output are not included in Provider-Covered Claims. 

  6. 6. Disclaimer.

    Outputs are generated through machine learning processes and are not tested, verified, endorsed or guaranteed to be accurate, complete or current by Provider. Customer should independently review and verify all Outputs as to appropriateness for any or all Customer use cases or applications. The warranty disclaimers and limitations of liability in the Agreement for the Cloud Service apply to the AI Features. 

  7. 7. Third-party Providers.

    Customer agrees to abide by any third-party terms and conditions relating to the AI Features specified in this section 7 (“Third-Party Terms”). This section does not modify Section 22.10 (Subcontractors) of the Agreement. Provider understands that these third-party terms and conditions may be duplicative of Provider’s AUP or the restrictions set forth in § 8 of these AI Terms; however we are obligated to notify you that they may apply to your usage of the AI Features: 
    • a. Google AI/ML, including PaLM: https://cloud.google.com/terms/service-terms (with particular reference to §17(c-f) as applicable to End Users), 
    • b. Anthropic PBC Claude: https://console.anthropic.com/legal/aup  
    • c. OpenAI L.L.C.: https://openai.com/policies/usage-policies  
    • d. Cohere Inc: https://docs.cohere.com/docs/usage-guidelines

  8. 8. Special Restrictions on Use of AI Features.

    The following restrictions are deemed part of the AUP under Section 9.1 (Compliance) of the Agreement. Without limiting any restrictions on use of the Cloud Service in the Agreement, Customer will not and will not permit anyone else to:  
    • a. use the AI Features or any Output to infringe any third-party rights,  
    • b. use the AI Features or any Output to develop, train or improve any AI or ML models (separate from authorized use of the Cloud Service under this Agreement),  
    • c. represent any Output as being approved or vetted by Provider,  
    • d. represent any Output as being an original work or a wholly human-generated work,  
    • e. use the AI Features for automated decision-making that has legal or similarly significant effects on individuals, unless it does so with adequate and qualified human review and in compliance with Laws, or
    • f. use the AI Features for purposes or with effects that are discriminatory, harassing, harmful or unethical.