Product-Specific Terms: Dovetail AI

Effective as of 29 March 2023

Your use of Dovetail AI is subject to the terms of the Dovetail Master Subscription Agreement (the “Agreement”) as well as the following additional terms (“Product-Specific Terms”). Any capitalized terms used but not defined below have the meanings assigned to those terms in the Agreement.  “Dovetail AI” means, with respect to the Services, any feature(s) and/or functionality powered by artificial intelligence (including machine learning). 

1. Dovetail AI Responsible Use. Customer will at all times use Dovetail AI in a responsible manner and in compliance with all applicable laws. Without limiting the foregoing, Customer shall not (and shall not permit or enable any third party to) use the Dovetail AI: (a) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way; (b) to generate or disseminate verifiably false information with the purpose of harming others; (c) to generate or disseminate personally identifiable information that can be used to harm an individual; (d) to generate or disseminate information or content, in any context (e.g. posts, articles, tweets, chatbots or other kinds of automated bots) without expressly and intelligibly disclaiming that the text is machine generated; (f) for fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation; (g) for any use intended to or which has the effect of discriminating against or harming individuals or groups based on: (i) online or offline social behavior; (ii) known or predicted personal or personality characteristics; or (iii) legally protected characteristics or categories; (h) to exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm; (i) to provide medical advice or medical results interpretation; (j) to generate or disseminate information to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime (e.g. by text profiling, drawing causal relationships between assertions made in documents, or indiscriminate and arbitrarily-targeted use); (k) for any use in any products where a malfunction or failure of the product may reasonably be expected to result in significant property damage, injury or death or other high risk uses; or (f) to develop machine learning models or related technology.

2. AI Output. Customer is solely responsible for any output, results, predictions or other content generated by or using Dovetail AI (“AI Output”) and Customer’s reliance on or use of such AI Output. Customer will exercise reasonable discretion before relying on, publishing or otherwise using the AI Output. If Customer publishes, displays, disseminates, publicizes or makes available any AI Output, Customer will disclose that such content is AI-generated and will not represent or convey in any manner that such content was wholly created or generated by Customer. Customer must make the foregoing disclosure in a way that is clear and transparent to users and viewers. 

3. Third Party Models. From time to time, Dovetail may incorporate certain third party models into Dovetail AI. In such circumstances, Dovetail will maintain information about such third party models at https://dovetail.com/help/categories/legal-and-privacy/, including attribution notices and links to any applicable third party license conditions. Customer is responsible for reviewing such third party licenses and must not use Dovetail AI in a manner that violates such license conditions, including any additional use-based restrictions.

4. Disclaimers. DOVETAIL AI IS AN EXPERIMENTAL TECHNOLOGY PROVIDED AT THE SOLE DISCRETION OF DOVETAIL ON AN AS-IS AND AS-AVAILABLE BASIS WITHOUT WARRANTIES OR OBLIGATIONS OF ANY KIND. Without limiting the foregoing, for clarity, any warranties, service level commitments, indemnification or other obligations of Dovetail with respect to the Services as set forth in the Agreement do not apply to Dovetail AI. Customer acknowledges and agrees that Dovetail may remove, modify, discontinue or deprecate Dovetail AI in its sole discretion without any further liability or obligation. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AGREEMENT, DOVETAIL’S AGGREGATE LIABILITY FOR DOVETAIL AI, OR ARISING IN CONNECTION WITH THESE PRODUCT SPECIFIC TERMS, SHALL NOT EXCEED $100. 

5. Indemnification. Customer will defend, indemnify and hold harmless Dovetail, and its Affiliates and personnel, from and against any claims, losses and expenses (including attorneys’ fees) arising from or related to: (a) Customer’s use of Dovetail AI in breach of these Product-Specific Terms; or (b) Customer’s use of the AI Output, or any materials, products or services developed by Customer in connection with Dovetail AI or the AI Output.

6. Additional Processing Instructions. This section applies if Customer has a Data Processing Agreement (“DPA”) in place with Dovetail. If any of the data Customer inputs into the Services using Dovetail AI comprises Customer Personal Data (as that term is defined in the DPA), Customer instructs Dovetail to process such Customer Personal Data for the additional purpose of providing AI Output as generated by Dovetail AI.