AI Terms of Use

These Terms of Use are effective as of August 2024.

1. AI Terms and Conditions

These AI Terms of Use (“Terms”) (together with the StackAdapt Platform Terms of Use, StackAdapt Website and Platform User Privacy Policy, StackAdapt Digital Advertising Services Agreement (including its Data Processing Addendum), and any other policies, addenda, and notices made available to you, collectively, the “Agreement”) govern your use of any artificial intelligence (“AI”) products, features, and tools (together “AI Product”) offered by StackAdapt Inc. (“StackAdapt”) through the Platform. If you are using the AI Product on behalf of a business, that business accepts these Terms. These Terms form an integral part of the Agreement; defined terms not otherwise defined herein, shall have the same meaning as in the Agreement; where context requires, singular terms shall be considered plural, and plural terms shall be considered singular. StackAdapt may update or revise these Terms (including the Agreement) from time to time. You agree that you will review these Terms periodically. You are free to decide whether or not to accept a modified version of the Terms, but accepting the Terms, as modified, is required for you to continue using the AI Product.

2. Acceptable Use Policy

You are responsible for all content associated with your use of the AI Product. You agree that you will not use any AI Product to create any content that is illegal, fraudulent, defamatory, deceptive, harmful, misleading, and that violates or infringes (or has the potential to infringe) the rights of any third party (including any privacy, data protection, and intellectual property (or other-type proprietary) rights). StackAdapt reserves the right to suspend, terminate, or otherwise modify your access to the AI Product, the Platform, or any other StackAdapt Services as determined in its sole discretion if it identifies any such misuse. In addition to limitations and responsibilities outlined in these Terms, the Agreement, and any applicable third-party terms and conditions, you agree that you will not use the AI Product to:

• Mislead anyone that the content generated by the AI Product is human-generated;
• Provide medical, legal, financial, or other specialized advice (including, but not limited to, using the AI Product for purposes of employment, credit, health care, or insurance underwriting and pricing eligibility); and,
• Generate or disseminate Output or AI Content (each as defined below) that is prohibited by StackAdapt’s Content Guidelines or any other third-party’s content guidelines.

3. Content and Accuracy

You are responsible for any text you type and images, content, or data you upload into the AI Product (“Input”), as well as any text, images, or content generated by the AI Product through your usage of the AI Product or though prompts you provide to the AI Product (“Output,” together “AI Content”).

You understand that all Outputs are generated by artificial intelligence and that generated Outputs sometimes may be inaccurate or misleading, or otherwise reflect content that does not represent StackAdapt’s views. You understand, acknowledge, and agree that it is your responsibility to verify the accuracy of all AI Content and to ensure its compliance with all applicable laws, regulations, and terms (including, but not limited to, disclaimer requirements, release requirements, and any intellectual property or privacy rights of third parties) before using or sharing it.

You understand, acknowledge, and agree that StackAdapt has no obligation to verify the accuracy of or monitor (including, but not limited to, disclaimer requirements, release requirements, and as it relates to any intellectual property or privacy rights) any Output or AI Content but that it retains the absolute discretion to remove AI Content at any time or for any reason without notice. In limited instances, StackAdapt may (but is not required to), at its sole discretion, monitor such AI Content to detect and prevent fraudulent activity or violations of these Terms or other applicable Agreements.

StackAdapt makes no assurance, warranty or guarantee as to the accuracy, completeness or reliability of any Output or AI Content and does not accept any liability or responsibility whatsoever arising in any way from your use of the Output or AI Content or any omissions or errors contained in same. The AI Product is not intended to replace or form a relationship related to professional advice and StackAdapt recommends that you obtain qualified, professional, and independent advice before you act on any advice contained in or, rely on the accuracy of, any Output or AI Content.

StackAdapt may, at its sole discretion, impose limits on the number of Outputs you can create with AI Products.

As between you and StackAdapt, to the extent permitted by law and subject to applicable Agreement terms, you own your AI Content. You grant StackAdapt and its subsidiaries, affiliates, and successors a worldwide, non-exclusive, free, transferable, irrevocable, perpetual, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, and publicly display your AI Content throughout the world in any media for any reason, including to provide, promote, and/or incorporate into the AI Product. You retain all rights in your Inputs and Outputs, subject to the rights granted to StackAdapt in these Terms.

Your Inputs and Outputs may persist in historical or cached versions of themselves available on or through the AI Product. To the extent it is capable, and consistent with the Agreement which may prevail, StackAdapt will use commercially reasonable efforts to render historical or cached versions of your Inputs or Outputs unusable upon termination of the Agreement.

In the event that any of your AI Content is alleged to be unlawful or otherwise in breach of these Terms, StackAdapt may disclose such content to law enforcement or other applicable authorities or in response to a legal order.

4. Disclaimer of Warranties, Limitation of Liability, and Indemnity

IN ADDITION TO ANY DISCLAIMERS SET FORTH IN THE AGREEMENT OR THESE TERMS, THE AI PRODUCT, AND ANY UPDATES OR ENHANCEMENTS, ARE AT ALL TIMES PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. STACKADAPT AND ANY APPLICABLE THIRD-PARTY PROVIDERS, MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE AI PRODUCT, OR THE INFORMATION, TEXT, AND CONTENT INCLUDED IN THE USE OF ANY INPUT OR GENERATED IN ANY OUTPUT OR AI CONTENT, INCLUDING WITHOUT LIMITATION, ACCURACY OF THE RESULTS, AVAILABILITY, SUITABILITY, RELIABILITY, OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE AI PRODUCT. STACKADAPT WILL HAVE NO LIABILITY OR RESPONSIBILITY ARISING IN ANY WAY FROM THE USE OF THE AI PRODUCT OR ANY ERRORS OR OMISSIONS CONTAINED IN THE CONTENT.

NEITHER STACKADAPT NOR ANY OF ITS AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF STACKADAPT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE LOWER OF (I) ONE HUNDRED DOLLARS ($100); OR (II) THE FEES PAID IN CONSIDERATION OF THE AI PRODUCT. THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

To the extent permitted by applicable law, you agree to indemnify, hold harmless, and defend StackAdapt and its officers, directors, employees and agents from and against any third-party claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or in connection with any Inputs made by you and your use of the AI Product and any violation of these Terms.

5. Third Party Providers

You acknowledge that StackAdapt may use technology provided by third party service providers to provide functionality for the AI Product. You acknowledge that any Input you provide, including any personal data you chose to include within that Input may be shared with, reviewed by, transferred to, and used for model training and improvement by StackAdapt or any third-party service providers (including, but not limited to, OpenAI, LLC, and Amazon Web Services, Inc.) to enable and improve functionality within the AI Product.

You further acknowledge that your use of the AI Product is subject to the terms and conditions of those third parties. For reference, the terms of Open AI, LLC are included here: OpenAI Terms of Use; and the terms of Amazon Web Services Inc. are included here: AWS Acceptable Use Policy. You agree to not use or provide any information that is sensitive or that should not be viewed by others, including personal data.

You further agree and acknowledge that StackAdapt has no control over the use of the Input by such third-party service providers and, because of this, any and all information that you provided for an Input is done so at your own risk and StackAdapt does not represent, undertake or warrant to any security or control of, or to, the Input and any associated Output or AI Content.

6. License

You agree and acknowledge that StackAdapt is granting you a limited, revocable, non-exclusive, non-transferable and non-sublicensable license to use the AI Product. You further agree and acknowledge that the use of the AI Product is subject to your compliance with any and all applicable laws, the Agreement, and these Terms.

You understand and acknowledge that the AI Product is integrated by default into the Platform and that certain Services and the Platform may not be used without enabling the AI Product. The AI Product is currently provided free of charge, however, StackAdapt reserves the right to charge fees at any time upon providing prior written notice.

7. General

You may not assign or transfer any rights under these Terms and any attempt to do so will be void. StackAdapt may assign its rights or obligations under these Terms to any affiliate, subsidiary, or successor in interest of any business associated with its Services.

If any provision of these Terms is deemed illegal, invalid or unenforceable, the parties will endeavor to replace it by another provision that will, as closely as possible, reflect their original intention. The validity, legality, and enforceability of the remaining provisions will not in any way be affected or impaired. Further, any delay or failure by StackAdapt to enforce a provision of these Terms is not a waiver of its right to do so later. If any portion of these Terms is determined to be invalid or unenforceable, that portion will be enforced to the maximum extent permissible, and it will not affect the enforceability of any other terms.

8. Feedback

StackAdapt encourages you to reach out to its Support team if you have any feedback on this AI Product.