These Fibery AI Additional Terms (“Fibery AI Terms”) apply to your access and use of any Fibery AI feature(s), and form a part of the Terms Of Service or the Master Services Agreement, as applicable, between you and Fibery (the “Agreement”). Any capitalized terms used but not otherwise defined herein have the meaning set forth in the Agreement. For the purposes of these Fibery AI Terms and where the Personal Use Terms of Service apply, any reference to Customer Data shall also mean User Content.
“Fibery AI” means any feature(s) or functionality made available by Fibery and labeled as Fibery AI that utilize data models trained by machine learning.
“Fibery AI Assistant” means the suite of Fibery AI authorship and editing tools, including tools for generation of long-form textual content through prompting, editing of existing textual content via pre-engineered prompts, extraction of information from existing textual content via pre-engineered prompts, and translation of existing textual content.
Your access to or use of Fibery AI does not grant Fibery any right or license to use or share your Customer Data in a manner that is inconsistent with the Agreement unless otherwise agreed to by you.
You may provide input to be processed by Fibery AI (“Input”), and receive output generated and returned by Fibery AI based on the Input (“Output”). When you use Fibery AI, Input and Output are your Customer Data. You are solely responsible for the creation, development, content, operation, maintenance, use, and dissemination of your Customer Data. You are solely responsible for ensuring that your Input, access to and use of Fibery AI, and Output will not (i) violate any applicable law or regulation; (ii) violate these Fibery AI Terms, the Agreement, or any content and use policies we may implement from time to time; or (iii) infringe upon, violate, or misappropriate any of Fibery’s rights or the rights of any third party. You acknowledge that due to the nature of machine learning and Fibery AI more generally, Output may not be unique and Fibery AI may generate the same or similar output to Fibery or other third parties. You will not provide Input or attempt to generate Output through Fibery AI that consists of any sensitive or regulated information, including (i) Protected Health Information as defined by HIPAA or similar statutes, or health, genetic, biometric record or data in general; (ii) government-issued identification numbers of any kind; or (iii) personal financial or bank account information.
You may not use Fibery AI or Output (i) to mislead any person that Output from the Services was solely human generated; (ii) to generate spam or content for dissemination in electoral campaigns, or (iii) in a manner that violates any technical documentation, usage guidelines, or parameters. Additionally, your use of Fibery AI is subject to fair usage restrictions that we may determine in our sole discretion. You acknowledge and agree that if you exceed what we determine to be fair usage: Fibery may disable or degrade performance of Fibery AI.
FIBERY DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF FIBERY AI OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH FIBERY AI. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA OBTAINED THROUGH THE USE OF ANY FEATURE AI FEATURE IS DONE AT YOUR SOLE RISK. YOU SHOULD NOT RELY ON FACTUAL ASSERTIONS IN OUTPUT WITHOUT INDEPENDENTLY FACT CHECKING THEIR ACCURACY. OUTPUT THAT APPEAR ACCURATE BECAUSE OF THEIR DETAIL OF SPECIFICITY MAY STILL CONTAIN MATERIAL INACCURACIES. FIBERY AI CANNOT DYNAMICALLY RETRIEVE INFORMATION, AND OUTPUT MAY NOT ACCOUNT FOR EVENTS OR CHANGES TO UNDERLYING FACTS OCCURRING AFTER THE AI MODEL WAS TRAINED. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FIBERY OR THROUGH FIBERY AI SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Notwithstanding anything to the contrary in your Agreement or the Service Level Terms, downtime of Fibery AI that results from a failure of a third party service will not be included in the Availability and Downtime calculations.
If you choose to use the Fibery AI feature(s), you may not use the Fibery AI features in a manner that violates any OpenAI Policy, including their Content Policy; Sharing and Publication Policy; and Community Guidelines.