Betterworks Artificial Intelligence (AI) Terms and Conditions

Terms and Conditions
These terms (“AI Terms“) govern Your use of the artificial intelligence (“AI“) and large language model (“LLM”) services or features available through the Betterworks Intelligent Performance Management platform. Any terms used not defined herein shall have meaning as defined in your previously agreed-upon Order Form(s) in effect, any exhibits thereto, and Your Betterworks Terms & Conditions (the “Agreement”).  The Agreement shall continue in full force and effect.

Acceptance of the AI Terms
THESE AI TERMS, TOGETHER WITH THE AGREEMENT AND ANY ADDITIONAL 3PP POLICY, SET FORTH THE TERMS ACCORDING TO WHICH THE CUSTOMER MAY USE THE AI AND LLM SERVICES OR FEATURES. BY USING THE AI AND LLM SERVICES OR FEATURES, THE CUSTOMER ACKNOWLEDGES THAT IT HAS READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE AI TERMS. THE CUSTOMER REPRESENTS AND WARRANTS THAT IT HAS THE FULL LEGAL AUTHORITY TO ENTER INTO THESE AI TERMS AND IF THE CUSTOMER IS ACTING ON BEHALF OF AN ORGANIZATION OR COMPANY, IT HAS THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION OR COMPANY TO THESE AI TERMS.

Further, the Customer acknowledges and understands that the terms of a third-party provider (“3PP”) govern the use of the AI and LLM services or features.  Currently, the OpenAI Terms of Service govern, and are available here: https://openai.com/policies/business-terms. Under these business terms, OpenAI will not use business data to train their models as committed to here: https://openai.com/enterprise-privacy. The AI and LLM services or features may only be used in the following jurisdictions:  https://platform.openai.com/docs/supported-countries.  In the event that a different 3PP is utilized in the future as contemplated in the section, Third-Party Providers, below, such 3PP’s terms of use shall govern.

License
Betterworks hereby grants the Customer a limited, revocable, non-exclusive, non-transferable and non-sublicensable license to use the AI and LLM services or features. The use of the AI services or features is subject to the Customer’s compliance with any and all applicable laws and these AI Terms. The Customer understands and acknowledges that the AI and LLM services or features is not mandatory or integrated by default, the Betterworks Intelligent Performance Management platform may be used without enabling the AI and LLM services or features. Betterworks reserves the right to charge fees for the use of the AI services or features, at any time, upon providing prior notice.  If you do not agree to such fees, or any of these AI Terms, your sole remedy is to cease your use of the AI and LLM services or features.

AI Content
The output insights generated and returned by the AI and LLM services or features (“Output”) are based on the metadata processed on and through the Platform (“Input”), the Input and Output shall collectively be referred herein as “AI Content.” The Customer is solely responsible for ensuring that the AI Content complies with applicable laws and these AI Terms. As between Betterworks and You, AI Content shall be deemed Customer Content, but the 3PP may utilize AI Content as contemplated in the section, Third-Party Providers, below.  Due to the nature of machine learning, Output may not be unique and the AI Feature may generate the same or similar output for other users.  Output may not be protectable yet may be subject to IP protections.

Accuracy
Betterworks does not guarantee accuracy of any Output generated by the AI and LLM services or features. Given the probabilistic nature of machine learning, and AI, use of the AI and LLM services or features may in some situations result in incorrect Output that does not accurately reflect the action generated. The Customer shall have full control of any Output being applied or used, and shall evaluate the accuracy of any Output prior to acceptance of the Output.

Third-Party Providers
The AI and LLM services or features are currently provided through artificial intelligence technology developed and provided by OpenAI LLC (“OpenAI”). Betterworks reserves the right to utilize a different 3PP at any time upon providing prior notice.  If you do not agree to the new 3PP, your sole remedy is to cease your use of the AI and LLM services or features.  

The Inputs may be shared with and manually reviewed by a person, including by third-party contractors located around the world. Therefore, the Customer shall not use or provide any information that is sensitive or that should not be viewed by others, including personal data.  You assume the risk for any violation of privacy laws or loss of intellectual property protection due to Your Input.  Betterworks has no control over the use of the Input, thus, any use of such is at the Customer’s own risk and Betterworks does not represent, undertake or warrant to any security or control of or to the Input.

IN ADDITION TO ANY DISCLAIMERS SET FORTH IN THE AGREEMENT, THE AI AND LLM SERVICES OR FEATURES ARE PROVIDED ON AN “AS IS” AND AS “AVAILABLE” BASIS. BETTERWORKS AND THE APPLICABLE THIRD-PARTY PROVIDER MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE AI FEATURE, OR THE INFORMATION, TEXT, AND AI CONTENT INCLUDED IN THE OUTPUT, OR THE USE OF THE INPUT, INCLUDING WITHOUT LIMITATION, ACCURACY OF THE RESULTS, AVAILABILITY, SUITABILITY, RELIABILITY, OR AI CONTENT OF ANY INFORMATION PROVIDED THROUGH THE AI AND LLM SERVICES OR FEATURES. CUSTOMER UNDERSTANDS THAT AI CONTENT MAY BE SUSCEPTIBLE TO RISKS COMMONLY ASSOCIATED WITH INFORMATION STORED ON THE CLOUD.  BETTERWORKS WILL HAVE NO LIABILITY OR RESPONSIBILITY ARISING IN ANY WAY FROM THE USE OF THE AI AND LLM SERVICES OR FEATURES OR ANY ERRORS OR OMISSIONS CONTAINED IN THE AI CONTENT. NEITHER BETTERWORKS NOR ANY OF ITS AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF BETTERWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

Feedback
You may provide your feedback regarding the AI and LLM Services or features (“Feedback”) via email at the following address: support@betterworks.com. The Feedback can include feedback on the performance, features that may be missing, and any bugs encountered during the use of the AI and LLM services or features.  Any Feedback provided grants Betterworks a perpetual, irrevocable, non-exclusive, worldwide, fully-paid, sub-licensable, assignable license to incorporate into the Service or otherwise use any Feedback received from the Customer to improve the services. The Customer irrevocably waives any moral rights in such Feedback pursuant to applicable copyright law. Betterworks acknowledges that any Feedback is provided on an “as-is” basis with no warranties of any kind.