Common use of AI Features Clause in Contracts

AI Features. For any or all AI based features Customer chooses to enable, open, allow, use, request, approve, or instructs Quali to use, Quali may use OpenAI products and services, including, ChatGPT 3.5 API (“OpenAI”) and other similar third-party vendors, to provide Customer with certain AI features, including, generative AI (collectively, the "AI Features"). Customer acknowledges and agrees that the use of OpenAI is subject to OpenAI’s applicable terms and policies, including, without limitation, the Terms of Use, which can be found here and the Usage Polices. Quali encourages Customer to become familiar with such terms and policies before Customer uses any of the OpenAI AI Features. Customer understands and acknowledges that Quali provides AI Features on an "AS-IS" and "AS-AVAILABLE" basis, without warranties of any kind, and that Quali makes no representation or warranty regarding the accuracy, reliability, usefulness, integrity, lawfulness, title or infringement, functionality or intellectual property rights of, or relating to, the text, data, output, or suitability of OpenAI and associated AI Features for Customer's particular needs (including, without limitation, to rely on recommendations and/or tips). Customer assumes all risks associated with the use of the AI Features. Customer acknowledges that any text or output may not be unique, and that other individuals or companies may generate the same or similar text or output via AI Features and that the output may derive from a variety of sources. For those AI Features used by Customer or instructed by Customer for Quali to use, including to input, create, rewrite and/or share text, logs, content or any other information, to the maximum extent permitted by law, Customer represents, acknowledges and understands that Customer has all the necessary permissions and rights to do so, and that Customer has not and will not infringe, misappropriate or violate third party rights (including, without limitation, intellectual property rights, and proprietary or privacy rights) and/or applicable law. By using the AI Features, Customer hereby grants Quali a worldwide, irrevocable, non- exclusive, royalty-free, perpetual, sublicensable and transferable license to use, process, reproduce, distribute, adapt, transform, prepare derivative works of, display, and perform text (both the input and the output) in order to provide and improve Quali products and services. Customer agrees to fully defend, indemnify, and hold harmless Quali, our affiliates, and our respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including, but not limited to, reasonable attorney’s fees) arising from Customer's use, sharing and/or uploading of the AI Features and/or from the outputs (including, without limitation, suggested answers, solutions, and scripts) Customer creates, uploads, shares, downloads, and/or uses through the AI Features or Customer violation of third party rights or breach applicable laws. Customer shall be solely responsible for the outputs, the use of the outputs and deliverables created through the AI Features and the consequences of such use. Quali recommends Customer to carefully test, review, and vet the suggestions and tips before Customer uses and/or implements it to production, as Customer would do with any code, tip, recommendation and/or suggestion that incorporates material which was not originates by Customer. Notwithstanding anything to the contrary, for the error logs insights feature, you shall not include any confidential information, sensitive information and/or personal identifiable information within the error logs.

AI Features. For any or all AI based features Customer chooses to enable, open, allow, use, request, approve, or instructs Quali to use, Quali may use OpenAI products and services, including, ChatGPT 3.5 API (“OpenAI”) and other similar third-party vendors, to provide Customer with certain AI features, including, generative AI (collectively, the "AI Features"). Customer acknowledges and agrees that the use of OpenAI is subject to OpenAI’s applicable terms and policies, including, without limitation, the Terms of Use, which can be found here and the Usage Polices. Quali Polices.=Quali encourages Customer to become familiar with such terms and policies before Customer uses any of the OpenAI AI Features. Customer understands and acknowledges that Quali provides AI Features on an "AS-IS" and "AS-AVAILABLE" basis, without warranties of any kind, and that Quali makes no representation or warranty regarding the accuracy, reliability, usefulness, integrity, lawfulness, title or infringement, functionality or intellectual property rights of, or relating to, the text, data, output, or suitability of OpenAI and associated AI Features for Customer's particular needs (including, without limitation, to rely on recommendations and/or tips). tips)=. Customer assumes all risks associated with the use of the AI Features. Customer acknowledges that any text or output may not be unique, and that other individuals or companies may generate the same or similar text or output via AI Features and that the output may derive from a variety of sources. For those AI Features used by Customer or instructed by Customer for Quali to use, including to input, create, rewrite and/or share text, logs, content or any other information, to the maximum extent permitted by law, Customer represents, acknowledges and understands that Customer has all the necessary permissions and rights to do so, and that Customer has not and will not infringe, misappropriate or violate third party rights (including, without limitation, intellectual property rights, and proprietary or privacy rights) and/or applicable law. By using the AI Features, Customer hereby grants Quali a worldwide, irrevocable, non- exclusive, royalty-free, perpetual, sublicensable and transferable license to use, process, reproduce, distribute, adapt, transform, prepare derivative works of, display, and perform text (both the input and the output) in order to provide and improve Quali products and services. Customer agrees to fully defend, indemnify, and hold harmless Quali, our affiliates, and our respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including, but not limited to, reasonable attorney’s fees) arising from Customer's use, sharing and/or uploading of the AI Features and/or from the outputs (including, without limitation, suggested answers, solutions, and scripts) Customer creates, uploads, shares, downloads, and/or uses through the AI Features or Customer violation of third party rights or breach applicable laws. Customer shall be solely responsible for the outputs, the use of the outputs and deliverables created through the AI Features and the consequences of such use. Quali recommends Customer to carefully test, review, and vet the suggestions and tips before Customer uses and/or implements it to production, as Customer would do with any code, tip, recommendation and/or suggestion that incorporates material which was not originates by Customer. Notwithstanding anything to the contrary, for the error logs insights feature, you shall not include any confidential information, sensitive information and/or personal identifiable information within the error logs.