AI Terms
Effective as of 17 September 2024
These AI Specific Terms and AI User Guidelines and Policy located at http://acquia.com/legal/ai-user-guidelines (“Guidelines”) govern Customer use of generative AI features with the Acquia Services and are incorporated by reference into that certain subscription and services agreement between Customer and Acquia (“General Terms”) (these AI Specific Terms, the Guidelines, and the General Terms are collectively referred to as “Terms”).
Capitalized terms not defined here have the same meaning as defined in the General Terms.
1. Generating Content.
When using generative AI features, users may input or upload content, such as an audio file, video file, document, image, text, or other digital assets (including any output parameters, such as aspect ratio, style, etc.) to the Services (collectively, “Input”). Input may be used by the Services to generate an output, such as an image, text, text effects, vector graphic file, audio file, code, design templates, websites, or video file, which will be provided within the Services (“Output”). The Input and Output are Customer Data and all provisions governing Customer Data in the Terms apply to such Input and Output. The generative AI features, Input, and Output must be used in accordance with the Terms, which may be modified from time to time. Acquia reserves the right to disable, suspend, or terminate your right to use or access the generative AI features at any time in our sole discretion without prior notice.
2. Input.
Customer is solely responsible for Input. Customer shall not submit any Input that: (a) includes trademarks or other materials protected by third-party intellectual property rights, unless Customer has sufficient rights in such materials; (b) is intended to generate Output that is substantially similar to a third party’s copyrighted work or is otherwise protected by third-party intellectual property rights, unless Customer has sufficient rights in such work; (c) contains personal information unless Customer complies with all data protection and privacy laws and regulations applicable to the personal information, including providing privacy notices and obtaining consent, where required; (d) violates applicable law; or (e) violates the Terms. Acquia may automatically block Input, in our sole discretion, which violates the rights of a third party, applicable law, or the Terms.
3. Output.
3.1. Customer Responsibilities. Customer is solely responsible for the creation and use of the Output and for ensuring the Output complies with the Terms; however, Acquia may use available technologies, vendors, or processes to screen for and block Output that may violate applicable law, the rights of a third party, or the Terms, before the Output may be delivered.
3.2 DISCLAIMER. Acquia disclaims all warranties, express or implied, regarding the Output, including any implied warranties that the Output will not violate the rights of a third party or any applicable law. For the avoidance of doubt, Output is Customer Data, and any indemnification obligations set forth in the General Terms shall not apply to Output.
3.3. Suitability of Output. Use of generative AI features may produce Output that is unexpected or unsuitable for some users. The Output may not be unique and other users of generative AI features may generate the same or similar Output. The Output may not be protectable by intellectual property rights.
3.4. No AI/ML Training. Customer shall not, and must not allow third parties to, use any content, data, output or other information received or derived from any generative AI features, including any Outputs, to directly or indirectly create, train, test, or otherwise improve any machine learning algorithms or artificial intelligence systems, including any architectures, models, or weights.