THESE TERMS OF USE (TERMS) ARE INCORPORATED BY REFERENCE INTO THE TERM OF SERVICE (TOS) AND, TOGETHER WITH WITH THE TOS, SET FORTH THE TERMS AND CONDITIONS UNDER WHICH YOU MAY USE THE ARTIFICIAL INTELLIGENCE (AI) ASSISTANT (BERNIE). BY USING OR OTHERWISE INTERACTING WITH BERNIE, YOU AGREE TO BE BOUND BY THE TOS, THE PRIVACY NOTICE AND THESE TERMS. IF YOU DO NOT AGREE WITH THE TERMS OF THE TOS OR THESE TERMS, DO NOT USE OR OTHERWISE INTERACT WITH BERNIE. THESE TERMS GOVERN YOUR USE OF THE BERNIE AND AMEND BUT DO NOT REPLACE THE TERMS OF THE TOS. ALL CAPITALIZED TERMS NOT DEFINED HEREIN SHALL HAVE THE MEANING ASCRIBED TO THEM BY THE TOS. FOR THE AVOIDANCE OF DOUBT, BERNIE MAY CONSTITUTE AN INTEGRAL PART OF THE SERVICES. YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR USE OF BERNIE COMPLIES WITH THE TERMS OF THE TOS AND THESE TERMS. IN THE EVENT OF A CONFLICT BETWEEN THE TOS AND THESE TERMS, THESE TERMS SHALL GOVERN.
1. Assumption of Risk
You understand and acknowledge that AI is a developing technology and there are inherent risks to this technology that may not be fully understood and comprehensive safeguards may not be fully developed or implemented. EMOTIONTRAC DISCLAIMS ALL LIABILITY RESULTING FROM YOUR USE OF BERNIE, AND MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, concerning the extent to which Your use of Bernie or the output of such Assistant is appropriate, permissible, lawful, accurate, correct, or otherwise suitable for Your use. ALL USE OF BERNIE BY YOU OR YOUR PERSONNEL SHALL BE AT YOUR SOLE RISK. By using Bernie, You assume any and all risks of any nature whatsoever, including but not limited to:
1.1 Legal and Regulatory Risk
Applicable regulators, government entities, or law enforcement may determine that the underlying AI technology or the use thereof, in whole or in part, is unlawful or must be redesigned, modified, or otherwise redeveloped to comply with applicable laws, which may result in Bernie being disabled or suspended. There is also a risk that in the above instances regulators, government entities, or law enforcement may determine that Your use of Bernie was unlawful which could result in legal action against You. Furthermore, it may be determined that the AI model, training data, software, or other component of the underlying AI technology (or use thereof) infringes, misappropriates, or otherwise violates third-party intellectual property rights. In such an instance, there is risk that those third parties could enjoin further use of the underlying AI technology or bring legal action against You.
1.2 Accuracy
The underlying AI technology may, in some cases, hallucinate or provide inaccurate, incorrect, or otherwise inappropriate information. If You do not agree with this assumption of the risk, You should not use Bernie. You are solely responsible for ensuring that any output generated by Bernie is true, correct, accurate, or otherwise appropriate for Your purposes.
2. Appropriate Use
Your use of Bernie must comply with all of the requirements set forth in this Section 2. You agree that You will take all necessary steps to ensure that You and Your users of Bernie, comply with these Terms, and You acknowledge and agree that You shall be solely responsible for any such use.
2.1 Consent
Before using Bernie, You may be required to affirmatively consent to the use of such features and/or consent to these Terms.
2.2 Compliance with Laws
You agree that You are solely responsible for ensuring that Your use of Bernie complies with all applicable local, state, and federal laws.
2.3 Non-Infringement
Your use of Bernie must not infringe, violate, or otherwise misappropriate any third-party intellectual property rights. Without limiting the generality of the foregoing, all data, content, information, and other materials used by You in connection with Bernie must be owned or validly licensed to You on terms that permit its use in connection with Bernie.
2.4 Prohibition on High-Risk Uses
Bernie is not intended to be used to make or be used as a substantial factor in making consequential decisions, as such term is defined under applicable law, or in any way that would qualify the AI technology as high-risk (or similar terms) under applicable law. You may not use Bernie to create, publish, or disseminate any content that is discriminatory or harmful.
3. Third-Party Terms
Bernie incorporates AI technologies provided by third parties and input you share with Bernie will be processed in accordance with such third party policies, the TOS, and these Terms. EmotionTrac makes no representation or warranties with respect to the safety of such AI technologies provided by any such third party, as to whether the use of the technologies is appropriate for You.