AODocs GenAI Features Supplemental Terms of Service

Last update: May 1st, 2024

These AODocs GenAI Features Supplemental Terms of Service (“Supplemental Terms”) govern the use by you (“You” or “Customer”) of the AODocs GenAI Features (“GenAI Features”, as described below) which are part of our Service. The Supplemental Terms are incorporated by reference into the AODocs terms of service (https://www.aodocs.com/terms-of-service) or any specific agreement entered into by and between Altirnao Inc. (“Altirnao”) and Customer (as may be applicable, the “AODocs Terms of Service”, and collectively with the Supplemental Terms, the "Agreement"). Capitalized terms not defined herein have the same meaning as defined in the AODocs Terms of Service. 

For the avoidance of doubt, the GenAI Features are  features of our Service, and as such, their use and access are also governed by the relevant AODocs Terms of Service. In case of conflict between any provision of these Supplemental Terms and any provision of the applicable AODOcs Terms of Service, the provisions of these Supplemental Terms shall prevail. 

Description of the GenAI Features

The GenAI Features may notably consist in one or more of the following features:

• The AODocs’ artificial intelligence document assistant (“AIDA”), which provides a natural language interface for Users to interact with the content of the documents controlled by AODocs. Users can ask questions to a chat interface (either from the AODocs user interface, or from other chat interfaces like Google Chat, Slack, Teams), which then uses a Large Language Model (“LLM”) from an AI Provider (as defined below) to generate a response, based on (i) the User's question, (ii) the extracts of documents that have been found to be relevant to the question in the AODocs document repository, and (iii) the User's access permissions to the documents controlled by AODocs. 

• The AI tool to analyze AODocs documents (“AI Document Analysis”), which uses an LLM from an AI Provider to extract structured information from AODocs documents’ content, for example for the purpose of  populating the documents’ metadata.

The installation and/or use of AIDA on a relevant AODocs library requires the embedding of all AODocs documents, including their attachments, through the use of AI Providers.

The computation of such embedding is automatically performed by AIDA when AIDA is enabled on an AODocs library.

AI Providers 

As of the date hereof, the following AI Providers (as defined below) are available for interoperation with the GenAI Features: 

OpenAI

OpenAI (hereinafter, “OpenAI”) is a solution provided by OpenAI OpCo, L.L.C. and OpenAI Ireland Ltd. and notably subject to: the Business Terms (available at https://openai.com/policies/business-terms), the Terms of Use -if You do not reside in the European Economic Area, Switzerland or the UK (available at: https://openai.com/policies/terms-of-use)-, the Europe Terms of Use -if You reside in the European Economic Area, Switzerland or the UK (available at https://openai.com/policies/eu-terms-of-use)-, the Service Terms (available at https://openai.com/api/policies/service-terms/), the Sharing & Publication Policy (available at https://openai.com/api/policies/sharing-publication/), the Usage Policies (available at https://beta.openai.com/docs/usage-policies), the Privacy Policy (available at https://openai.com/policies/privacy-policy), and the Data Processing Addendum (available at https://openai.com/policies/data-processing-addendum). 

All the aforementioned OpenAI’s terms applicable to OpenAI are referred to below as “OpenAI Terms”. 

For the avoidance of doubt, the GenAI Features do not interoperate with chat.openai.com but only with the OpenAI API. 

Google Vertex AI

Google Vertex AI (hereinafter, “Vertex AI”) is a solution provided by Google LLC and notably subject to:

the Google Cloud Platform Terms of Service (available at https://console.cloud.google.com/tos?id=cloud&pli=1), which include the Service Specific Terms (available at https://cloud.google.com/terms/service-terms),  the Google Cloud Platform Acceptable Use Policy (available at https://cloud.google.com/terms/aup), and the Prohibited Use Policy (available at https://policies.google.com/terms/generative-ai/use-policy),

the Cloud Data Processing Addendum (Customers) (available at https://cloud.google.com/terms/data-processing-addendum), 

the APIs Terms of Service (available at https://console.cloud.google.com/tos?id=universal). 

All the aforementioned Google LLC’s terms applicable to Vertex AI are referred below as “Vertex AI Terms”.

OpenAI and Vertex AI are hereinafter referred to as the “AI Providers”. For the avoidance of doubt, each AI Provider is deemed to be a Third Party Offering, as such term is defined in the AODocs Terms of Service.

OpenAI Terms and Vertex AI Terms are hereinafter referred to as the “AI Providers Terms”, and may be subject to change at the relevant AI Providers’s sole discretion.

Customer expressly acknowledges, accepts and undertakes to comply with the relevant terms and conditions and/or policies of all applicable AI Providers Terms. Customer will indemnify, defend, and hold Altirnao harmless from and against any damages, expenses and cost arising from or relating to Customer’s or its Users’ failure to comply with such applicable AI Providers Terms. Altirnao shall not be liable for Customer’s or its Users’ use of, and does not warrant or support, any AI Provider. 

Restrictions on Use

Restrictions on Use

In addition to all other terms and conditions contained in the Agreement (including any AI Provider usage policy or code of conduct), You shall not and shall not permit others to:

1. access or use the GenAI Features in violation of the then-current AI Providers Terms;
2. use the GenAI Features in a manner that would affect Altirnao’s reputation or goodwill or any of its trademarks;
3. disrupt or pose a security risk to the GenAI Features, the Service, or any AI Provider product that may harm Altirnao’s systems, or may subject Altirnao or any third party to liability;
4. use the GenAI Features or any AI Provider product to circumvent the intended features, functionality or limitations of the GenAI Features, the Service or any AI Provider product or divert the GenAI Features or any AI Provider product from their intended purposes as set forth in these Supplemental Terms; and
5. develop products that compete with the GenAI Features or any AI Provider product, or reverse engineer the GenAI Features or any AI Provider product. 

The number of API calls made by the Customer, and the amount of data processed by the GenAI Features within a specific period may be subject to limitation at the sole discretion of Altirnao.

Prohibited Use Policy

In using the GenAI Features, Customer and Users must comply with all applicable laws as well as the relevant AI Provider’s usage policies set forth in the AI Providers Terms, and any other documentation, guidelines, or policies Altirnao makes available to Customer.

Suspected Violations 

Altirnao may immediately suspend or terminate Customer's or Users’ use of the GenAI Features based on any suspected violation of this Section “Restrictions on Use”. 

Indemnifications

Customer agrees to indemnify and hold Altirnao and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Altirnao or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party related to any Customer Content (including any Input or Output, as defined below), (ii) Customer’s use of the GenAI Features or (iii) any violation of these Supplemental Terms.

Ownership & Privacy

Customer Content 

As between Customer and Altirnao, subject to the AI Providers Terms and to the extent permitted by applicable law, Customer retains all right, title and interest in any and all data, files, attachments, text, personally identifiable information, and other content that Customer and its Users (or Altirnao on behalf of Customers and its Users) upload or submit to the GenAI Features and the outputs generated and returned by the same (including, for the avoidance of doubt, embedded output) (collectively, “Customer Content”). For the avoidance of doubt, Customer Content includes (i) all metadata and attached files of AODocs documents embedded by the GenAI Features through the use of AI Providers, (ii) inputs You may provide through the GenAI Features and/or the relevant AI Providers (“Input”) and (iii) outputs received from the GenAI Features and/or the relevant AI Providers (“Output”). 

The Customer Content is governed by the relevant AI Providers Terms, and notably by their confidentiality provisions.

Customer shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use any and all of Customer Content. Customer represents and warrants that (i) it has all rights, permissions and consents necessary (a) to make Customer Content available on or through the GenAI Features (b) to grant Altirnao the limited rights to use Customer Content as set forth in the Agreement, (ii) it will not represent that any Output was generated by a human when it was generated by the GenAI Features, and (iii) it will comply with the applicable data protection laws if Customer uses personal data as part of Customer Content.

Similarity of Content 

Customer acknowledges that the GenAI Features may, in some scenarios, produce the same or similar generated outputs (including the Outputs) for multiple users. Responses that are requested by and generated for other users are not considered Customer Content.

Non-reliance on Outputs 

When Customer uses the GenAI Features, Customer acknowledges and agrees that:

• Generation of Outputs is subject to unpredictabilities; 
• Outputs may not always be accurate or may contain material inaccuracies and the GenAI Features and any Outputs may not reflect correct, current, or complete information; 
• Outputs may contain content that is inconsistent with Altirnao’s or any AI Provider’s views and that may be offensive; and
• Customer should not rely on any Outputs without independently confirming their accuracy and evaluating their appropriateness for Customer’s or its Users’ use case.

Use of Content and Privacy 

You agree that Altirnao and the subprocessors listed in the data processing agreement set forth in the AODOcs Terms of Service may use Customer Content to provide the GenAI Features, including by making it available for viewing, download and modification by other Users with access rights to Customer Content. You hereby grant Altirnao a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, sublicensable  (including the right to sublicense through multiple tiers) license to access, use, reproduce, distribute, store, host, transmit, modify, adapt, reformat, communicate, publish, publicly display, publicly perform and create derivative works of  Customer Content as required for the purpose of providing, securing and improving the Service, including the GenAI Features.

HIPAA 

If Customer is using the GenAI Features through Altirnao’s own API key(s), the following shall apply with respect to HIPAA content: 

• If OpenAI is chosen as AI Provider, Customer shall not and shall not permit others to use the GenAI Features for any purpose or in any manner involving Protected Health Information (as defined in the Health Insurance Portability and Accountability Act) (“HIPAA Data”). 

• If Vertex AI is chosen as AI Provider, and Customer intends to use the GenAI Features for any purpose or in any manner involving HIPAA Data, it is Customer’s responsibility to (a) execute a Business Associate Agreement with Google and/or its own cloud storage provider (as applicable) related to Customer’s HIPAA Data stored by Google or such cloud storage provider, and (b) execute a Business Associate Agreement with Altirnao related to Customer’s HIPAA Data stored, transmitted or processed on the GenAI Features. 

If Customer is using the GenAI Features through an API key Customer has set-up, it is Customer’s responsibility to execute separate Business Associate Agreements, in connection with the HIPAA Data to be stored or processed, with each of (a) the relevant AI Provider which has provided Customer the API key, (b) any other Third Party Offering used in connection with the GenAI Features and the Service (such as Google and/or Customer’s own cloud storage provider (as applicable)), and (c) Altirnao. 

Customer may place a request for a Business Associate Agreement to legal@aodocs.com. 

Disclaimer

THE GENAI FEATURES AND THE AI PROVIDER SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ALTIRNAO MAKES NO WARRANTY THAT (I) THE GENAI FEATURES OR ANY AI PROVIDER PRODUCT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (II) THE GENAI FEATURES OR ANY AI PROVIDER PRODUCT WILL BE ERROR-FREE OR UNINTERRUPTED (INCLUDING, WITHOUT LIMITATION, INTERRUPTIONS THAT OCCUR IN THE CONTEXT OF REGULARLY SCHEDULED MAINTENANCE); (III) ANY INFORMATION, CONTENT (INCLUDING ANY OUTPUT) OR ADVICE OBTAINED BY YOU IN CONNECTION WITH THE GENAI FEATURES OR AN AI PROVIDER WILL BE ACCURATE OR COMPLETE; OR (IV) THE RESULTS OF USING THE GENAI FEATURES OR ANY AI PROVIDER WILL MEET YOUR REQUIREMENTS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO CUSTOMER.

THE GENAI FEATURES USE EMERGING TECHNOLOGY AND ARE NOT DESIGNED FOR OR INTENDED TO MEET CUSTOMER’S REGULATORY, LEGAL, OR OTHER OBLIGATIONS. THE GENAI FEATURES DO NOT CONSTITUTE OR CONTAIN LEGAL, MEDICAL, FINANCIAL, OR INVESTMENT ADVICE AND YOU SHOULD CONSULT DEDICATED PROFESSIONALS SHOULD YOU SEEK SUCH TYPE OF ADVICE. YOU SHOULD NOT USE THE GENAI FEATURES IN ANY MANNER THAT REQUIRES CLEARANCE OR APPROVAL FROM ANY APPLICABLE REGULATORY AUTHORITY.

Limitation of liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AODOCS TERMS OF SERVICE, IN NO EVENT SHALL ALTIRNAO BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION), ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE GENAI FEATURES, EVEN IF ALTIRNAO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL ALTIRNAO’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY OF THE GENAI FEATURES, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID OR PAYABLE BY YOU TOWARDS SUCH GENAI FEATURES IN THE TWELVE (12) MONTHS PERIOD PRECEDING THE FIRST EVENT GIVING RISE TO ANY SUCH LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS PARAGRAPH MAY NOT APPLY TO USER. IN SUCH EVENT, LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH A JURISDICTION.

Modifications

To these Supplemental Terms

Altirnao reserves the right to update and change the Supplemental Terms upon notice from time to time. You will be provided notice of any such modification by electronic mail or by the publishing of such on the website https://www.aodocs.com/genai-features-supplemental-terms. You may terminate Your use of the GenAI Features if the Supplemental Terms are modified in a manner that substantially affects Your rights in connection with use of the GenAI Features. Your continued use of the GenAI Features after any such changes shall constitute Your consent to such changes. You can review the most current version of the Supplemental Terms at any time at https://www.aodocs.com/genai-features-supplemental-terms.

To the GenAI Features