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GatherUp AI Supplementary Terms

Last Updated: January 30, 2024

Traject Reviews, LLC d/b/a GatherUp (“GatherUp”) incorporates artificial intelligence (“AI”) into its Services as a value-add enhancement. These AI features or functionality made available by GatherUp utilize data models trained by machine learning and including, but not limited to, our Smart Insights and Smart Reply functionality (the “GatherUp AI”). These AI Supplementary Terms (the “GatherUp AI Terms”) form part of the Terms of Use and Privacy Notice between you and GatherUp and apply to your access and use of any GatherUp AI. Defined terms used herein and not otherwise defined have the meanings set forth in the Privacy Notice. 

Input and Output

You may provide input to be processed by GatherUp AI (“Input”), and receive output generated and returned by GatherUp AI based on the Input (“Output”). You are solely responsible for the collection, development, content, operation, maintenance, and use of your Customer Data. You acknowledge that due to the nature of machine learning and the technology powering GatherUp AI, Output may not be unique and GatherUp AI may generate the same or similar output to GatherUp or a third party, and GatherUp AI may generate the same Output for you as for other Customers.

GatherUp AI Use Restrictions

  • You may not use GatherUp AI or Output (i) to develop foundation models or other large scale models that compete with GatherUp or GatherUp AI; (ii) to mislead any person that Output from the Services was solely human generated; (iii) to generate spam or content for dissemination in electoral campaigns, or (iv) in a manner that violates any technical documentation, usage guidelines, or parameters.
  • GatherUp reserves the right to disable or degrade your access to GatherUp AI in its sole discretion in order to ensure optimal performance and fair use across all Customers. 
  • You will ensure that your Input and use of GatherUp AI and Output will not (i) violate any applicable law, including any local, regional, or national prohibition of such technology; (ii) violate these GatherUp AI Terms; (iii) violate our Terms of Use and Privacy Notice; or (iv) infringe, violate, or misappropriate any of our rights or the rights of any third party.

Improving GatherUp AI

GatherUp does not use your Customer Data or permit others to use your Customer Data to train the machine learning models used to provide GatherUp AI functionality. Your use of GatherUp AI functionality does not grant GatherUp any right or license to your Customer Data to train our machine learning models.

Artificial intelligence and machine learning models can improve over time to better address specific use cases. We may use data we collect from your use of GatherUp AI to improve our models when you (i) voluntarily provide feedback to us; or (ii) give us your permission.

WARRANTY DISCLAIMER
GATHERUP DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF GATHERUP AI OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH GATHERUP AI. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA OBTAINED THROUGH THE USE OF ANY GATHERUP AI FEATURE OR FUNCTIONALITY IS DONE AT YOUR SOLE RISK. YOU SHOULD NOT RELY ON FACTUAL ASSERTIONS IN OUTPUT WITHOUT INDEPENDENTLY FACT-CHECKING THEIR ACCURACY. OUTPUT THAT APPEARS ACCURATE BECAUSE OF ITS DETAIL OR SPECIFICITY MAY STILL CONTAIN MATERIAL INACCURACIES. GATHERUP 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 GATHERUP OR THROUGH GATHERUP AI SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Service Level Terms Are Not Applicable

Notwithstanding anything to the contrary in your Agreement or any Service Level Terms agreed to thereunder, if applicable, downtime of GatherUp AI that results from a failure of a third party service will not be included in the availability and downtime calculations.

Third Party Provider Policies

GatherUp AI is provided by third parties, including OpenAI and IBM Watson, through APIs. If you choose to use the GatherUp AI features, you may not use the GatherUp AI features in a manner that violates any of the following OpenAI policies, including their Usage Policy,  Content Policy, Sharing and Publication Policy, and/or Community Guidelines.

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