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Terms of Services

I. Terms and Conditions for AI Use

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These AI Terms and Conditions ("AI Terms") are issued by Embraiced and govern the use of artificial intelligence functionalities ("AI Feature") available through our platform ("Platform"). These AI Terms form an integral part of the Embraiced Customer Agreement ("Agreement"). Terms used but not defined herein shall have the meaning assigned in the Agreement.

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1. Acceptance of the AI Terms

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THESE AI TERMS, TOGETHER WITH THE AGREEMENT AND ANY ADDITIONAL POLICIES, SET OUT THE TERMS UNDER WHICH THE CUSTOMER MAY USE THE AI FEATURE. BY USING THE AI FEATURE, THE CUSTOMER CONFIRMS THAT THEY HAVE READ, UNDERSTOOD, AND AGREED TO THESE AI TERMS. THE CUSTOMER REPRESENTS AND WARRANTS THAT THEY HAVE FULL LEGAL AUTHORITY TO ACCEPT THESE TERMS, AND IF ACTING ON BEHALF OF AN ORGANIZATION, THEY ARE AUTHORIZED TO BIND THAT ENTITY TO THESE TERMS.

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The Customer also acknowledges that the OpenAI Terms of Use apply to the AI Feature, available at: https://openai.com/policies/terms-of-use (“OpenAI Terms”), and that use may be restricted to certain jurisdictions as listed at: https://platform.openai.com/docs/supported-countries.

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2. License

Embraiced grants the Customer a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to use the AI Feature. Use of the AI Feature is conditional upon compliance with all applicable laws and these AI Terms. The Customer acknowledges that use of the AI Feature is optional and that the Platform’s core functionality is available without activating AI. The AI Feature is currently provided free of charge; however, Embraiced reserves the right to introduce fees with prior written notice.

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3. Content

The insights generated and returned by the AI Feature (“Output”) are based on metadata processed through the Platform (“Input”). Together, these are referred to as “Content.” The Customer is solely responsible for ensuring that the Content complies with all applicable laws and these AI Terms. To the extent permitted by law and the OpenAI Terms, the Customer retains ownership of the Input and is granted rights to the Output. Content may be used for any lawful purpose, including commercial use and publication, at the Customer’s own risk. It is recommended to disclose that Output was generated using AI tools when publishing. Due to the nature of machine learning, Output may not be unique and may be similar to Output generated for other users.

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4. Accuracy

Embraiced does not guarantee the accuracy of Output generated by the AI Feature. Due to the probabilistic nature of AI, results may be incorrect or misleading. Customers are responsible for evaluating the accuracy of all Output and should not rely on Embraiced to validate it.

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5. Acceptable Use

In addition to existing policies, the Customer agrees not to, nor permit others to:

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  • (a) Misrepresent AI-generated content as human-created;

  • (b) Use the AI Feature to generate hateful, violent, harmful, misleading, illegal, explicit, or deceptive content, misuse personal data, or spread malware or spam;

  • (c) Use the AI Feature in high-risk areas such as finance, health, politics, adult content, or dating apps without appropriate human oversight;

  • (d) Infringe or misuse third-party rights;

  • (e) Reverse engineer, decompile, or otherwise attempt to uncover source code or models behind the AI Feature (except where legally permitted);

  • (f) Use the AI Feature to build competing foundational models or large-scale AI systems;

  • (g) Use scraping or unauthorized data extraction methods outside the permitted API access.

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6. Third-Party Providers

The AI Feature is provided via third-party technology. Embraiced currently relies on OpenAI LLC (“OpenAI”) for this purpose. Depending on the API used, Input may be processed for model training. Customers may opt out via: https://help.openai.com/en/articles/5722486-how-your-data-is-used-to-improve-model-performance.
Inputs may be reviewed manually by individuals, including third-party contractors around the world. Therefore, Customers must not enter any sensitive or personal data that should remain private. Embraiced has no control over such data processing and offers no guarantees as to the confidentiality or security of Input data.

IN ADDITION TO ANY DISCLAIMERS IN THE CUSTOMER AGREEMENT, THE AI FEATURE IS PROVIDED “AS IS” AND “AS AVAILABLE”. EMBRAICED AND ITS PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE OPERATION, AVAILABILITY, ACCURACY, OR RELIABILITY OF THE AI FEATURE OR ANY OUTPUT GENERATED.

EMBRAICED SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS OR DATA. TOTAL LIABILITY UNDER THESE TERMS SHALL BE LIMITED TO THE LOWER OF: (I) ONE HUNDRED EUROS (€100) OR (II) THE AMOUNT PAID FOR THE AI FEATURE. THESE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

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7. Feedback

You may submit feedback regarding the AI Feature to: support@embraiced.com (“Feedback”).
Feedback may include performance observations, feature requests, or bug reports. By submitting Feedback, you grant Embraiced a perpetual, worldwide, sublicensable, transferable, royalty-free license to incorporate such Feedback into our services. You waive all moral rights to such Feedback to the extent permitted by copyright law. Embraiced acknowledges that Feedback is provided “as-is” with no warranty of any kind.

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