AI Supplemental Terms and Conditions

Version 1.0

Issued on Jun 1st, 2023

These Al Supplemental Terms and Conditions (the “Terms”) supplement and/or amend your agreement with Nimbus Web Inc., a legal entity existing under the laws of the State of Ohio, USA, having its registered address at: 6815 Euclid Ave, Cleveland, OH 44103, USA (“Nimbus”, “we” or “us”), including the Terms and Conditions of the website and downloadable software, Privacy Policy for General Use, End User License Agreement or other agreement, as applicable, for Nimbus Web Products – Websites, Products, Solutions or Services (in each case, as applicable, the “Agreement”).

The Terms apply to your access and use of any features and functionality using artificial intelligence, machine learning, or similar technologies made available by Nimbus (the “AI Functions”). Unless otherwise stated all defined terms in these Terms shall have the same meaning as in the Agreement.

By accessing or using the Al Functions, you agree to the Terms.

OUTLINED TERMS

AI Functions

From time to time, we may introduce Al Functions which are a part of the Nimbus Web Products. These Terms only apply to Al Functions provided within the Nimbus Web Products and do not apply to any artificial intelligence, machine learning, or similar technologies provided by third-party services.

OpenAI

Nimbus uses technology developed by OpenAI, L.L.C. (the “OpenAI”) to provide the AI Functions, its features and functionality. If Nimbus Web Products access the service made by OpenAI (the “OpenAI Service”) via OpenAI API, your use of the OpenAI Service is subject to OpenAI API data usage policies, OpenAI Terms of Use and other OpenAI policies which govern the use of the OpenAI Service. If you do not accept these policies, including, but not limited to, all limitations and restrictions therein, you may not use AI Functions. Use of AI Functions in or through the Nimbus Web Products will constitute your full acceptance of OpenAI’s policies. Your usage of AI Functions in or through the OpenAI Service can be terminated by us without reason at any time and we will not be required to provide an equivalent service via another provider. If you choose to use Al Functions, you may not use it in a manner that violates any OpenAI policy.

Input and Output

You may provide input to be processed by Al Functions (the “Input”) and receive output generated and returned by Al Functions based on the Input (the “Output”). When you use Al Functions, Input and Output are your customer data. You are solely responsible for the development, content, operation, maintenance, and use of this data. You will ensure that your Input, Output and use of Al Functions will not violate any applicable law, these Terms or infringe, violate, or misappropriate any of our rights or the rights of any third party. You acknowledge that due to the nature of machine learning and the technology powering Al Functions, Output may not be unique and Al Functions may generate the same or similar output to other users of Nimbus Web Products.

License

You authorize Nimbus and its third-party providers to process content generated due to AI Functions (the “AI Content”) to provide you with the Al Functions. To the extent your Input contains Personal Data (as defined in the Privacy Policy and Nimbus Data Processing Agreement), you allow Nimbus and its third-party providers to process such Personal Data for the purpose of providing the Al Functions and Output. You agree that Nimbus may use sub-processors to provide the Al Functions to you (clause 1.7).

Restrictions for using Al Functions

You may not use AI Functions or Output (i) to develop foundation models or other large-scale models that compete with Nimbus and its AI Functions; (ii) mislead any person that Output received from using AI Functions was solely human generated; (iii) generate spam or illegal content, and (iv) in a manner that violates any technical documentation, usage guidelines, or parameters.

Improvement of Al Functions

Artificial intelligence and machine learning models can improve over time to better address specific use cases. Nimbus does not and will not permit third parties to use your data or content to improve or train their AI models unless you explicitly decide to share your data with us for this purpose.

WARRANTY DISCLAIMER

WE DO NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF AI FUNCTIONS OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH AI FUNCTIONS. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA OBTAINED THROUGH THE USE OF ANY AI FUNCTIONS 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. AI FUNCTIONS 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 US OR THROUGH AI FUNCTIONS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

CHANGES TO TERMS

Although most changes are likely to be minor, we may modify the Terms at any time. If we make material changes to the Terms, we may notify you as required by applicable law. We will also change the version number and issue date at the beginning of the Terms. Any changes we make to the Terms are effective on or after the issue date and replace any prior versions of the Terms.
We encourage you to review the Terms frequently to be informed of any AI Functions we use. You understand and agree that you shall be deemed to have accepted the new version of Terms if you continue to use the Website, the Services and / or Al Functions after the new version of Terms takes effect.

CONTACT US

If you have a concern, complaint, or question, please use contact us by email legal@nimbusweb.co.