AI Supplemental Terms
Last Updated: 10th June 2024
These AI Supplemental Terms (these “Terms”) form a part of, and are incorporated into, the terms of service or other contract (as applicable, the “Contract”) governing the use by a customer (“Customer” or “you”) of products and services offered by Deskpro Ltd. (“Deskpro” or “us”). These Terms supplement the Contract and apply to certain interactive features that leverage or embody generative artificial intelligence technologies (the “AI Features”) and are made available by Deskpro for use by Customer and Customer’s users, including individuals affiliated with Customer’s end customers (collectively, your “Users”). The AI Features contain Third Party Products as defined in the Contract. By using any AI Features or clicking “I accept” or otherwise acknowledging these Terms, Customer shall be bound by these Terms in all respects.
When accessing or using AI Features, you and your Users may provide input (“Input”) to be processed by the AI Features and receive output generated by the AI Features based on such Input (“Output”). You are solely responsible for the selection, content, and submission of all Input and the use, reproduction, distribution, storage, and other processing of Output. You are responsible for ensuring that neither the Input nor the use of Output by you or your Users will violate any applicable law, rule, or regulation, including laws prohibiting misleading consumers about the artificial identity of an automated online account as well as laws governing the collection, use and disclosure of personal data. You acknowledge and agree that, due to the nature of AI, Output might be the same as, or similar to, data, information, content, or output provided to others. In addition, you are responsible for providing all product support documentation and other training materials as may be necessary to enable effective use of the AI Features and acknowledge that all such materials may be available to any User who submits an appropriate prompt to the AI Features.
You may not use, and shall ensure that your users do not use, AI Features or any Output: (i) to develop foundation models or other large scale models that compete with the AI Features; (ii) to mislead any person to believe or assume that Output was human-generated; (iii) in a manner that violates any technical documentation, usage guidelines, or parameters that may be made available by us from time to time; or (iv) for the purpose of “automated decision making” as described in GDPR Art. 22 or for use cases posing “unacceptable risk” or “high-risk” as defined in the EU AI Act.
Certain elements of the AI Features may be provided by third-party service providers, including providers of hosted large language models that enable the operation of the AI Features (such service providers, the “AI Vendors”). In certain cases, you may be billed directly by AI Vendors for use by you and your users of the AI Features.In such cases, you are solely responsible for all fees incurred with the AI Vendors, even if you are not aware of the amount of fees incurred through the use of AI Features by your Users. Alternatively, we may invoice you directly for your use of AI Features, and in such cases we will communicate pricing to you in advance of such invoice. In addition to all other remedies available under the Contract and applicable laws, we may suspend your access to AI Features if you do not timely pay all fees assessed by AI Vendors or by us directly.
We make no representations or warranties whatsoever regarding the AI Features, which are provided “AS IS” and should be used at your own risk.Without limiting the foregoing, any availability or service level commitments set forth in the Contract shall not apply to the AI Features. You are responsible for making your own determination that the AI Features are suitable, and you are responsible for any reliance on the accuracy, completeness, or usefulness of any AI Features by you or your users.
From time to time, we may modify these Terms by posting an updated version of these Terms to our website. Unless otherwise specified by us, changes become effective as of the day they are posted. Continued use of the AI Features after a modified version of these Terms goes into effect will constitute Customer’s acceptance of such modified version.