AI Terms of Use
These AI Enabled Feature Terms form a binding agreement between you (“Customer”) and SmartBear Software, Inc. (“SmartBear”). These AI Enabled Feature Terms govern your use of the SmartBear Automated Test AI Feature and any other AI features included in SmartBear products (“AI Enabled Features”) and forms a part of, and is incorporated by reference into, the SmartBear Terms of Use or any separate contractual agreement entered into between Customer and SmartBear governing your use of the Zephyr Scale solution (the “Agreement”). Notwithstanding anything to the contrary, to the extent there is a conflict between these AI Enabled Feature Term and the Agreement, these AI Enabled Feature Terms will control solely with respect to Customer’s use of the Enabled Feature. The Solution may leverage third party artificial intelligence platforms. Customer understands and acknowledges that AI Enabled Features are not mandatory or integrated by default; SmartBear’s products and services (“Solutions”) may be used withoutenabling the AI Enabled Features.
If Customer chooses to use an AI Enabled Feature included in the Solution, Customer acknowledges and agrees that SmartBear may share certain Customer Data with the third party artificial intelligence platforms as may be required for the AI Enabled Feature to operate (e.g., the html of Customer’s website that Customer chooses to analyze with an AI Enabled Feature).
Customer acknowledges and understands that the terms of a third-party AI provider (“AI Provider”) govern the use of the AI Enabled Features which are currently provided through OpenAI LLC (“OpenAI”). In addition to this Agreement, the OpenAI Terms of Service govern your use of the AI Enabled Features and are available here: https://openai.com/policies/business-terms. The AI Enabled Features may only be used in the following jurisdictions: https://platform.openai.com/docs/supported-countries. In the event that a different AI Provider is utilized in the future, such AI Provider’s terms of use shall govern.
SmartBear reserves the right to charge Fees for the use of the AI Enabled Features, at any time, upon providing prior notice. If Customer does not agree to such Fees, or any of these AI Terms, Customer’s sole remedy is to cease its use of the AI Enabled Features.
AI Content. The output insights generated and returned by the AI Enabled Features (“AI Output”) are based on the Customer Data processed on and through the Solution. Customer is solely responsible for the AI Output. AI Output shall be deemed Customer Data subject to the AI provider’s terms and conditions. Due to the nature of machine learning, AI Output may not be unique, and the AI Features may generate the same or similar output for other users.
Accuracy. SmartBear does not guarantee accuracy of any AI Output generated by the AI Enabled Features. Given the probabilistic nature of machine learning and AI, use of the AI Enabled Features may result in incorrect or inaccurate AI Output. Customer shall have full responsibility for and control of any AI Output being applied or used, and shall evaluate the accuracy of any AI Output prior to acceptance or use of the AI Output.
AI Provider. SmartBear reserves the right to utilize a different AI Provider at any time upon providing prior notice. If Customer does not agree to the new AI Provider, Customer’s remedy is to cease its use of the AI Enabled Features. The Customer Data inputted into the AI Enabled Feature may be shared with and manually reviewed by a person, including by third-party contractors located around the world. Therefore, Customer shall not use or provide any information that is sensitive or that should not be viewed by others, including personal data. Customer assumes the risk for any violation of privacy laws or loss of intellectual property protection due to Customer’s use of the AI Enabled Feature. SmartBear has no control over the use of the Customer Data once shared with the AI Provider, thus, any use of such is at the Customer’s own risk and SmartBear does not represent, undertake or warrant to any security or control of or to the Customer Data shared with the AI Provider.
AI Enabled Feature Disclaimer. IN ADDITION TO ANY DISCLAIMERS SET FORTH IN THE AGREEMENT, THE AI ENABLED FEATURES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SMARTBEAR AND THE APPLICABLE THIRD-PARTY AI PROVIDER MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE AI ENABLED FEATURE, OR THE INFORMATION, TEXT, AND CONTENT INCLUDED IN THE AI OUTPUT, OR INPUT OF THE CUSTOMER DATA, INCLUDING WITHOUT LIMITATION, ACCURACY OF THE RESULTS, AVAILABILITY, SUITABILITY, RELIABILITY, OR ANY INFORMATION PROVIDED THROUGH THE AI ENABLED FEATURES. CUSTOMER UNDERSTANDS THAT AI OUTPUT MAY BE SUSCEPTIBLE TO RISKS COMMONLY ASSOCIATED WITH INFORMATION STORED ON THE CLOUD. SMARTBEAR WILL HAVE NO LIABILITY OR RESPONSIBILITY ARISING IN ANY WAY FROM THE USE OF THE AI ENABLED FEATURES OR ANY ERRORS OR OMISSIONS CONTAINED IN THE AI OUTPUT.