“Placements.io AI” means any feature(s) or functionality made available by Placements.io that utilizes artificial intelligence, machine learning, large language models or similar technologies. Placements.io AI is part of the Placements.io Service but may be developed by Placements.io or its third-party providers.

These Placements.io AI Terms apply solely to Customer’s access to and use of Placements.io AI and do not apply to Customer’s use of any third-party AI or technologies outside of the Placements.io Service. In the event of conflict between these AI Terms and the Agreement, these AI Terms will control solely with respect to Placements.io AI.

Placements.io and its licensors retain all rights, title, and interest in and to Placements.io AI, including all related intellectual property rights. No rights are granted to Customer other than those expressly set forth in the Agreement and these Placements.io AI Terms.

If Customer enables Placements.io AI, Customer Data submitted to the Placements.io Service (“Input”) may be processed by Placements.io AI, and Placements.io will return generated results (“Output”). Input and Output are collectively referred to as “AI Content” and constitute Customer Data under the Agreement.

Customer is solely responsible for its AI Content and for complying with all applicable laws and the Agreement. Customer represents and warrants that AI Content will not:

1. Violate any applicable law or regulation;
2. Infringe or misappropriate any intellectual property or other rights of any third party;
3. Violate any provision of the Agreement or these AI Terms.

Customer acknowledges that due to the nature of machine learning and the technology powering Placements.io AI features, Output may not be unique and Placements.io AI may generate the same or similar output to Placements.io or a third party.

Placements.io will not use Customer Data to train the AI models for the benefit of other Placements.io customers. Additionally, Placements.io does not authorize any third-party subprocessor of Placements.io AI to use Customer Data for model training purposes.

Customer may not use Placements.io AI or any Output:

1. To develop foundation models or AI products that compete with Placements.io;
2. To mislead Users into believing Output was entirely human-generated;
3. In violation of any technical documentation, usage limits, or applicable policies;
4. To make automated decisions that have legal or similarly significant effects without human oversight; or
5. In a way that infringes Placements.io’s or other third party’s rights.

PLACEMENTS.IO AI IS PROVIDED “AS IS”. Placements.io does not make any warranty regarding the results obtainable from using Placements.io AI or the accuracy or suitability for Customer or its Users’ needs of any information (including, but not limited to, materials, designs, workflows/processes, code, or other data) obtained through the Placements.io Service. Customer and its Users understand and agree that any such information obtained through using Placements.io AI is at its own risk, and is responsible for independently verifying Output as appropriate. No information, suggestions, or Output obtained from Placements.io or through Placements.io shall create any warranty not expressly made herein.

Customer shall indemnify, defend, and hold harmless Placements.io and its officers, directors, employees, and affiliates from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising from or relating to:

1. Customer’s use of Placements.io AI in violation of these AI Terms, the Agreement, or applicable law;
2. AI Content submitted by or on behalf of Customer; or
3. Any Output relied upon, shared, or used by Customer that results in harm, liability, or damage to a third party.

Any service level commitments or uptime guarantees set forth in the Agreement do not apply to Placements.io AI, particularly where any issue arises due to a third-party AI provider.

Use of Placements.io AI is optional and not required to access or use the Placements.io Service. Placements.io includes integrations with OpenAI, and Customer’s use of such functionality must comply with all applicable OpenAI policies, including their Usage Policy and Sharing and Publication Policy.

Customer acknowledges and agrees that Placements.io utilizes OpenAI as a subservice provider in connection with Placements.io AI functionality. By using Placements.io AI, Customer authorizes Placements.io to disclose Customer Data (including Input) to OpenAI solely as necessary to provide the AI features. OpenAI’s use of such data is governed by Placements.io’s agreement with OpenAI and subject to applicable confidentiality, privacy, and security obligations.