Attentive AI(™) Supplemental Terms and Conditions
These Attentive AI(™) Supplemental Terms and Conditions (“Supplemental Terms”) are between Attentive Mobile Inc., doing business as Attentive (“Attentive”) and the customer (“Customer” or “you”) who has engaged Attentive to provide access to its software-as-a-service product known as Attentive® (the “Platform”) subject to an ordering document (“Order Form”). By clicking “Accept” to these Supplemental Terms, you agree to these Supplemental Terms, which hereby are incorporated into the Attentive Master Subscription Agreement or other terms and conditions between Customer and Attentive(“Agreement”). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF CUSTOMER, THEN YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND CUSTOMER TO THESE SUPPLEMENTAL TERMS. In the event of any inconsistency between the terms of the Agreement and these Supplemental Terms, these Supplemental Terms shall control.
1. Attentive AI Tools.
Subject to these Supplemental Terms, Attentive makes available to Customer certain artificial intelligence tools in connection with Customer’s use of the Platform (the “Attentive AI Tools”).
The Attentive AI Tools leverage third-party large language models and artificial intelligence algorithms and platforms (“Third-Party Services”) to generate suggestions (“Output”) in response to the Customer’s prompts (“Prompts”). Attentive does not make any representations with respect to Third-Party Services or any Output provided in connection therewith. Such Third-Party Services are not under the control of Attentive. Attentive is not responsible for any Third-Party Services or Output generated thereby. Customer uses such Third-Party Services and Output at its own risk.
As between the parties, each of the Prompts and Output are considered Customer’s data and Confidential Information for the purposes of the Agreement, provided that: (i) such Prompts may be provided to Third-Party Services in order for Customer to access the Attentive AI tools; and (ii) such Third-Party Services may retain certain rights to use the aggregated, anonymized data, and de-identified Prompts and Output, including to further train their algorithmic models.
2. Responsible Use of Attentive AI Tools.
Customer is solely responsible for the Prompts, its Outputs and its use thereof. Without limiting the disclaimers in Section 3 below, Customer is responsible for reviewing any Output prior to its use and exercising its own business and legal judgment as to its suitability for use.
Without limiting the foregoing and Customer’s representations and warranties under the Agreement, Customer shall not use any Prompt or Output that: (a) infringes or misappropriates any third party’s intellectual property rights; (b) is deceptive, discriminatory, biased, unethical, defamatory, obscene, pornographic or illegal; (c) contains any viruses, worms or other malicious computer programming codes that may damage the Platform; or (d) contains any personal information, such as unique personal identifiers, financial, medical or other sensitive personal information such as government IDs, passport numbers or social security numbers.
The Attentive AI Tools are offered without warranty of any kind, and may be modified or terminated at Attentive’s sole discretion.
THE ATTENTIVE AI TOOLS ARE INTENDED AS OUTPUT GENERATION TOOLS ONLY AND ATTENTIVE HEREBY DISCLAIMS ANY WARRANTY OR GUARANTY THAT THE OUTPUT WILL PROVIDE ACCURATE, TAILORED OR INFORMATIVE RESULTS OR BE FIT FOR THE PARTICULAR PURPOSE OR USE CASE.
ATTENTIVE NEITHER REPRESENTS NOR WARRANTS THAT CUSTOMER IS THE LEGAL OWNER OF THE OUTPUT; THAT THE OUTPUT IS PROTECTABLE BY ANY INTELLECTUAL PROPERTY RIGHTS; OR THAT THE OUTPUT WILL NOT INCORPORATE, INFRINGE OR MISAPPROPRIATE THE INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY THIRD PARTY.
4. Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AGREEMENT, ATTENTIVE'S AGGREGATE LIABILITY TO CUSTOMER FROM AND AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION OR OTHER THEORIES OF LIABILITY ARISING OUT OF OR RELATING TO THE USE BY CUSTOMER OF THE ATTENTIVE AI TOOLS WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).