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AI Beta Terms and Conditions

Last updated December 23rd, 2024

Execify’s AI Assist and AI Actions are services that include features, applications, bots, and other functionalities based on artificial intelligence and machine learning data models (“Execify AI”). Currently Execify AI is offered to you by Execify.ai as a Pre-Released Beta Service. These Execify AI Beta Terms and Conditions (“Execify AI Beta Terms”) together with the Execify.ai Terms of Service, incorporated herein by reference, cover installing or enabling the Execify AI in your account, and/or any access or use of Execify AI. Additional AI functionalities may be offered to you by Third Parties as Third Party Services, as further described herein. Please read carefully these Execify AI Beta Terms, and don’t accept the Execify AI Beta Terms, install or use Execify AI if you don’t agree to be bound by these Execify AI Beta Terms. 

  1. Governing Terms. You agree and acknowledge that (i) you are not relying on any representation or statement other than as expressly set forth in these Execify AI Beta Terms; (ii) you accept and acknowledge that you read, understand, and agree to these Execify AI Beta Terms; and (iii) you have full legal authority to accept these Execify AI Beta Terms either on behalf of your organization, or on your behalf, as applicable;  and (iv) In case of any contradiction between these Execify AI Beta Terms and the Execify.ai Terms of Service, the Execify AI Beta Terms shall prevail. In a case where an agreement other than the Execify.ai Terms of Service had been executed between you and Execify.ai for the provision Execify.ai Services, such agreement shall not be in effect with regards to Execify AI.

  2. Nature of Execify AI. You may provide or make available input to Execify AI, which may include text, prompt or any other content (“Input”) and receive responses generated by Execify AI which may include content, suggestions, formula or any other action or output (“Output”). You acknowledge that due to the nature of machine learning, other Customers and/or Users may use Execify AI in a manner which may generate identical or similar Output. We make no representations or warranties with regards to Output, including of ownership thereof. 

  3. Usage of Execify AI. Any use you make of Execify AI, including by providing or making available Input or using Output must not violate any applicable law or Execify.ai Terms of Service, or infringe any third party rights, including but not limited to, intellectual property rights or privacy rights You are solely responsible for your use of Execify AI and content generated through Execify AI.

  4. Improving and Developing Execify AI. Notwithstanding anything to the contrary in any applicable agreement between you and Execify.ai, we may collect and use data of your interaction with, or use of Execify AI, including Input and/or Output in order to: (i) improve and develop Execify AI; and (ii) provide you with Execify AI functionalities. Execify.ai does not use your Input and/or Output to train machine learning data models and does not allow others to do so.  

  5. Monitoring. Execify.ai and/or its generative AI related Execify Sub-Processors, may monitor your Inputs and/or Outputs in order to monitor and/or prevent and/or debug abusive, unlawful, harmful or unauthorized uses.

  6. Third Party Services. Execify.ai, including through the Execify AI Assistant may enable you to install and use Third Party Services which provide AI functionalities. In accordance with our Terms of Service, your use of such Third Party Services will be subject to such Third Party Service terms.

  7. Additional Sub-Processor. In addition to Sub-Processors listed under Execify.ai Sub-Processors page, data processed in Execify AI may also be processed by additional Sub-Processors, including OpenAI, Google, or Microsoft.

  8. Acceptable Use Policy. You acknowledge and agree that your use of the Execify AI is in accordance with our Acceptable Use Policy.

  9. Disclaimer of Warranties. Execify.ai DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS REGARDING Execify AI Beta, ITS FEATURES, FUNCTIONALITIES, OUTPUTS AND/OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF Execify AI AND/OR THE OUTPUT. USE OF Execify AI AND/OR OUTPUT IS MADE AT YOUR OWN RISK. Execify AI IS PROVIDED “AS IS”, “WITH ALL FAULTS” AND ״AS AVAILABLE״, WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED AND Execify.ai EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES OR REPRESENTATIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR REPRESENTATIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUALITY, COMPLETENESS, NON-INFRINGEMENT, RELIABILITY, AVAILABILITY AND PERFORMANCE. Execify.ai DO NOT WARRANT OR REPRESENT THAT Execify AI AND/OR OUTPUT WILL BE UNINTERRUPTED, ERROR OR BUG FREE, NON-OFFENSIVE, NON-INFRINGING, NON-HARMFUL ACCURATE, LAWFUL OR APPROPRIATE. 

  10. Indemnification. Our indemnity obligation under Section 16.2 of Execify.ai’s Terms of Service shall not apply in connection with Execify AI Beta.

  11. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING IN THESE EXECIFY AI BETA TERMS OR ELSEWHERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: IN NO EVENT SHALL Execify.ai, ITS AFFILIATES AND THIRD-PARTY PROVIDERS BE LIABLE FOR: (I) ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES; (II) ANY LOSS OF PROFITS, COSTS, BUSINESS, OR ANTICIPATED SAVINGS; (III) ANY LOSS OF, OR DAMAGE TO DATA, INTELLECTUAL PROPERTY, REPUTATION, REVENUE OR GOODWILL; (IV) THE FAILURE OF SECURITY MEASURES AND PROTECTIONS; AND/OR (V) THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES. THE FOREGOING EXCLUSIONS AND LIMITATIONS ON LIABILITY SET FORTH IN THESE EXECIFY AI BETA TERMS ‎SHALL APPLY: (I) EVEN IF Execify.ai, ITS AFFILIATES OR THIRD-PARTY PROVIDERS, HAVE BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES OR DAMAGES; (II) EVEN IF ANY REMEDY IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE THEORY OR BASIS OF LIABILITY (SUCH AS, BUT NOT LIMITED TO, BREACH OF CONTRACT OR TORT). IN ANY EVENT, Execify.ai’S TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES UNDER THESE EXECIFY AI BETA TERMS WILL NOT EXCEED ONE HUNDRED DOLLARS.

  12. Term and Termination. You may access and use Execify AI subject to your compliance with these Execify AI Beta Terms. Execify.ai may modify these Execify AI Beta Terms, terminate Execify AI, or any part thereof, at its sole discretion and without liability to you. 

  13. Pricing. Execify AI is currently offered at no additional cost, may be restricted in usage per subscription plan, and may be subject to payment in the future.

  14. Survival. Sections 1, 2, 3, 4, 5, 7, 9, 10, 11 and 12 will survive expiration or termination of these Execify AI Beta Terms.