AI Terms

Updated 29 August 2023

These AI Terms supplement our Terms governing Your use of our Services if You are using Third-Party AI Features. These AI Terms also apply and govern your use of our ChatGPT plugin for OpenAI (“Plugin”). If you do not agree to these AI Terms, you must not enable and/or use our Third-Party AI Features or Plugins. In the event of discrepancy between the Agreement and these AI Terms, the AI Terms shall take precedence.

1. Customer’s general obligations

1.1 You acknowledge and agree that:

(a) the Third-Party AI Features are not intended to be used to process personal data and You are solely responsible for excluding any personal data (as defined in General Data Protection Regulation (EU) 2016/679) or otherwise personally identifiable information from Your Customer Data used to interact with the Third-Party AI Feature;

(b) Customer Data used to interact with the Third-Party AI Features may be processed by the third-party provider without obligation of confidentiality;

(d) Customer Data that You provide to the Third-Party AI Feature(s) will be sent to and be processed by the relevant Third-Party AI Feature provider in accordance with their terms and policies;

(e) we are not responsible for the Third-Party AI Features and any use of such is at the sole risk of Customer;

(f) notwithstanding the Terms, we disclaim our liabilities in connection with Third-Party AI Features, whether direct, indirect, or otherwise;

(g) You are responsible for ensuring Your compliance with all applicable laws and regulations in connection use of the Third-Party AI Features;

(h) it is Your sole responsibility to ensure that the Customer Data used to interact with the Third-Party AI Features does not constitute a violation of usage policies of provider of the Third-Party AI Feature in question;

(i) output generated by the Third-Party AI Feature is not human-generated, may not be accurate and/or unique, and is provided to You ‘as is’ without any warranties whether express, implied or otherwise; and

(j) any granted service levels or credits are not applicable to the Third-Party AI Features.

2. Third-party provider terms and policies

2.1 In addition to the AI Terms, when using Third-Party AI Feature(s), Your use is also subject to the terms and policies of the third-party provider in question. You acknowledge and agree to comply with applicable third-party terms and conditions.

2.1.1 When You use a Third-Party AI Feature that is based on OpenAI L.L.C’s (OpenAI) technology, Your use of such feature is also subject to the OpenAI Terms of Use and policies, which can be found at https://openai.com/policies. Please note that when providing OpenAI technology based AI features, Supermetrics uses OpenAI’s API offering.

3. Additional terms for Plugin

3.1 Plugin is a ChatGPT plugin provided by Supermetrics to allow You as a user of OpenAI’s ChatGPT to retrieve information about Your data source Customer Data based on your prompts used as input to ChatGPT. When You enable the Plugin and prompt ChatGPT, the Plugin returns with data and/or information to the ChatGPT based on Your prompts and Customer Data (“Plugin Response”).

3.2 In addition to the terms set forth in Section 1 above, by installing and using the Plugin You acknowledge and accept the Terms including the AI Terms and and agree that:

(a) to enable the Plugin to function, access to Your Customer Data is provided to OpenAI, and notwithstanding of the reference to OpenAI’s API offering in Section 2.1.1 above, OpenAI may use Your data and Customer Data to develop and improve their services in accordance with their then-current policies;

(b) You grant us a sub-licensable, worldwide, nonexclusive, royalty-free license to use, store, copy, translate, display, modify, and distribute all or any part of the Plugin Response to enable the Plugin to function within OpenAI’s services;

(c) when You use the Plugin, OpenAI may continue to use the Plugin Responses to maintain Your service history in accordance with OpenAI’s then-current terms and policies;

(d) Plugin Requests and/or Plugin Responses comply with all applicable laws and OpenAI’s then-current usage policies, and that You will not: (i) pose a security vulnerability or threat to OpenAI, its users, us, or any third party; (ii) interact with OpenAI’s users in a manner that is deceptive, false, misleading, or harassing; (iii) return or contain illegal, or otherwise harmful or objectionable content; (iiiv) include any malware, viruses, surveillance, or other malicious programs or code; (iv) interfere with, damage, or access in any unauthorized manner any software, technology or services of ours or any third party; (vi) use Plugin Requests to develop models that compete with us or OpenAI; or (vii) send any personal information of children under 13 or the applicable age of digital consent. You will defend, indemnify, and hold harmless us, OpenAI, our affiliates, and our personnel, from and against any third-party claims, damages, losses, and expenses (including attorneys’ fees) arising from or relating to your Plugin Requests and/or Plugin Responses and your violation of these terms or applicable law;

(e) You have obtained and will maintain all necessary rights to grant us these rights and to operate the Plugin; and

(f) to access your Customer Data the Plugin will prompt you for your Authorized User login credentials through our API. Upon logging in, the usernames and/or other identifiers for connectors may be queried through the Plugin. By querying for your usernames and/or other identifiers for connectors you acknowledge and accept that such a query is a request from you to us to transfer such usernames and/or other identifiers for connectors from us to OpenAI; and

(g) Your use of ChatGPT is subject to OpenAI’s then-current terms and policies and Supermetrics does not assume any responsibility over third-party services. For sake of clarity, OpenAI’s ChatGPT is a third-party service that is not provided by Supermetrics.

4. Changes to the AI Terms

4.1 Supermetrics may change the content of these AI Terms, subject to posting a notice of change in its web page.