Effective Date: August 15, 2023
Last Modified: August 15, 2023
1.1 You may request to opt into the AI Feature through your account settings on the Services. All opt in requests will be subject to our approval at our sole discretion. You may opt out of the AI Feature at any time by sending us an email [email protected]; provided that Flowspace may continue to use the AI Feature Content as described below that it received prior to such opt-out. Flowspace may change or cease offering the AI Feature in its sole discretion at any time without prior notice.
1. LICENSE; RESTRICTIONS.
1.2 Any data that you submit as input to the AI Feature (“Input”) or receive as output by the AI Feature (“Output”) are collectively the “AI Feature Content.” If you access the AI Feature through an account assigned to you by your organization, the instructions and limitations on use of AI Feature Content imposed by your organization to Flowspace will govern. You will access the AI Feature only in jurisdictions currently supported by Flowspace (USA only), and Flowspace may suspend or terminate your access if you do so from an unsupported jurisdiction. The AI Feature is meant to enhance your use of our schedule optimization products and services. You will use the AI Feature solely for the purpose of supply chain optimization. You will not use the AI Feature for any inquiries that require the expertise of trained professional humans. You are responsible for all AI Feature Content. You acknowledge that the quality of the Output largely depends on the Input, and you will comply with all applicable laws, the terms of the Agreement. Specifically, you agree not to include as Input any irrelevant, fraudulent, or deceptive instructions to “break,” steer, or otherwise attempt to solicit results from the AI Feature that would violate these terms. You acknowledge that Output is generated from AI and not by a human. Flowspace is working to make the AI Feature more accurate, reliable, safe and beneficial. You agree that the Output may yield inaccurate results in some situations. You acknowledge that relying on any Output without human review could cause harm including but not limited to legal and financial.
1.3 To the extent the AI Feature interacts with any third party application programming interfaces (APIs) (“Third Party API(s)”), additional terms may apply. You shall be solely responsible for procuring any rights and/or consents to access the AI Feature and your compliance of any third party terms. Flowspace is not responsible for the operation of any Third Party API nor the availability or operation of the AI Feature to the extent dependent on the Third Party API. Flowspace disclaims all liabilities relating to any Third Party API for the AI Feature.
1.4 Flowspace will access and use the AI Feature Content to provide the AI Feature to you and maintain the AI Feature, comply with applicable law, and enforce the terms of the Agreement, and you hereby grant Flowspace, and its third party contractors (including subprocessors and owners of the AI tools used to operate the AI Feature) all rights and licenses necessary to do so. You retain all rights, title and interest to your Input. You may provide us suggestions or feedback with respect to the AI Feature (“Feedback”). If you do so, you hereby grant to Flowspace a nonexclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid up license to use and exploit the Feedback for any purpose.
2. DISCLAIMER; INDEMNIFICATION.
THE AI FEATURE IS PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE AI FEATURE, AND DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY AI FEATURE CONTENT WILL BE SECURE OR NOT LOST OR ALTERED. You will defend, indemnify, and hold harmless us, our affiliates, and our personnel, from and against any claims, losses, and expenses (including attorneys’ fees) arising from or relating to your use of the AI Feature, the AI Content, your breach of these terms or violation of applicable law.