Gen AI Functionality: Incorta Technology may include features and functions that incorporate generative artificial intelligence to aid the Customer’s use of the Incorta products and services (“Gen AI Functionality”). The information provided by the Customer for and during their use of the Gen AI Functionality shall be termed “Input Data,” and the information or content generated through the Gen AI Functionality based on the Input Data shall be termed “Output Data”.
Customer Responsibility: The Output Data is created based on a statistical analysis of the Input Data provided by Customer, without any detailed understanding of the source content. Customer acknowledges that all results depend on the quality of the source content, and results may be inaccurate, incomplete, unexpected or unfaithful to the provided source content, or may contain biases. Customer is solely responsible for (i) the accuracy and quality of any Input Data; (ii) verifying and validating the accuracy of any Output Data, and (iii) any decision, action or omitted action based on any Output Data. Customer acknowledges and agrees that the Gen AI Functionality may produce outputs that could inadvertently infringe upon third party intellectual property rights. Customer is solely responsible for ensuring that their use of the Output Data complies with all applicable intellectual property laws and regulations.
Ownership of Gen AI Functionality and Input and Output Data: Incorta and its sub-processors shall retain ownership of the Gen AI Functionality and shall retain all ownership in and to the proprietary information used in the AI Functionality that may include aggregated and anonymized data, machine learning algorithms or other related intellectual property (collectively “Machine Learning Data”). However, all rights and ownership in the Input and Output Data associated with Customer’s use of Gen AI Functionality shall solely be owned by the Customer. Incorta will only use the Input and Output Data for the purpose of providing the Services.
Third Party Gen AI: Gen AI Functionality may include features which are powered by AI models operated by a third party, in which case Customer permits the relevant third party provider of such Gen AI Functionality to use the Input Data and Output Data or other Customer Data submitted to the Gen AI Functionality as necessary to provide and maintain the Gen AI Functionality, to comply with applicable laws, and to enforce its policies.
Liability: To the maximum extent permitted by law and notwithstanding anything to the contrary in the Agreement, Incorta does not provide any representation, warranty, indemnification or other commitment of any kind regarding any Gen AI Functionality (including, for sake of clarity, any Beta Gen AI Features, and including, without limitation, in relation to the accuracy, reliability or completeness of the Output Data) and shall have no liability for any loss or damage caused by use of or reliance on any Output Data.
Beta and Trial Licenses: Gen AI Functionality may be made available by Incorta as new products, features or functionality identified as trial, beta and/or early access, and in such case will be provided free of charge (“Beta Gen AI Features”). Where Incorta decides to make the Beta Gen AI Features generally available, Incorta may at any time, upon reasonable notice to Customer, introduce fees for continued use of such Gen AI Functionality. Such fees will apply to Customer’s use of the relevant Gen AI Functionality as set forth in an Order or otherwise agreed in writing between the parties. Notwithstanding the foregoing, Incorta is under no obligation to develop, release, make generally available or commercially offer a final product based on the Beta Gen AI Features. In addition, you may use this beta in production or for sensitive data.