AI Product Terms

Last Updated: November 25, 2024

These Aleph AI Product Terms (“AI Product Terms”) form part of the Aleph Labs, Inc. (“Aleph” or “Company”) Master Subscription Agreement and Order Form between Aleph and Customer (the “Agreement”), and govern the artificial intelligence-powered services or features made available by Aleph via the Aleph Platform. Capitalized terms used but not defined herein have the respective meanings given to them in the Agreement.

By accessing or using any AI Product, you agree to be bound by these AI Product Terms. In the event of a conflict between the Agreement and these AI Product Terms, these AI Product Terms will control to the extent of the conflict. Except as otherwise set forth in these AI Product Terms, the Agreement shall control as to the rights and obligations of Customer and Aleph. A breach of these AI Product Terms is a breach of the Agreement.

We may update these AI Product Terms at any time, in our discretion. We will endeavor to give you reasonable advance notice of any changes that materially adversely impact you via email or an in-Platform notification. Changes to these AI Product Terms will be effective when made available online. If Aleph desires to implement modifications enabling the utilization of Customer data for training purposes, such modifications shall not take effect unless and until consent has been duly obtained from both parties. If changes are not agreed, you must stop using our Services.

Terms and Conditions

1. General: The AI Products utilize large language models (“LLMs”), including as licensed by Aleph from third-party companies (each, a “Third Party LLM Provider”) and Aleph's own proprietary machine learning technology. Aleph may from time to time update any feature or functionality included in any AI Product, or otherwise improve, enhance or otherwise modify any AI Product, without notice to Customer.

2. Processing by Third Party LLM Providers: Customer acknowledges and agrees that any personal information submitted to or analyzed by any AI Product in connection with Customer’s use thereof may be processed by one or more Third Party LLM Providers set forth in Aleph’s list of sub-processors, available online at https://www.getaleph.com/subprocessors (the “List of Subprocessors”). Under the terms of Aleph’s engagement with each Third Party LLM Provider, such Third Party LLM Provider agrees that Input (as defined below) will be used solely to facilitate Aleph’s provision of the AI Products and will not be used for any other purpose, including and especially to train any artificial intelligence models of such Third Party LLM Provider.

3. Data Protection Addendum: All personal information processing by or through an AI Product is subject to any data processing addendum in place between Aleph and Customer (each, a “DPA”). In the event that such DPA was agreed to by Customer on or before October 31, 2024, Customer acknowledges and agrees that: (a) these AI Product Terms constitute notice of the engagement of each of the subprocessors set forth in the List of Subprocessors; and (b) by accepting these AI Product Terms, Customer waives any right under the DPA to object to such engagements.

4. Input and Output: Any data, content, and information (in any format) submitted to any AI Product by Customer or any User (collectively, “Input”), and the output specific to Customer or the applicable User generated by such AI Product in respect of such Input (collectively, “Output”) constitute Customer Data under the Agreement and are subject to the rights, restrictions, and obligations therein, including Customer’s representations and warranties regarding Customer Data. Customer is solely responsible for determining whether Customer has the right to use any Output and any ownership or other rights in Output.

5. No Limitation of Other Users’ Rights: Output may bear resemblance to output generated by other users of any AI Product that provides the same or similar input. Customer does not obtain any rights or interest in any Output generated by any AI Product for another user, and Customer’s rights to Output shall not be interpreted to limit the rights of such other users, regardless of any similarity between such users’ output and Customer’s Output. Aleph does not have any obligation to screen Output to ensure that similar output has not been provided to third parties, or to screen any output provided to any third party to ensure that similar Output has not been provided to Customer.

6. Accuracy: Customer acknowledges and agrees that due to the probabilistic nature of artificial intelligence and machine learning, the Output may contain information that is inaccurate, out-of-date, unpredictable, incomplete or inapplicable, and may include biases. Customer is solely responsible for ensuring a human operator evaluates the accuracy and appropriateness of any Output prior to using or relying upon such Output.

7. Transparency: Customer shall ensure that: (a) Users are aware they are interacting with an artificial intelligence system ; (b) when using any Output, such Output is clearly identified as artificially generated or manipulated; and (c) Output is not misrepresented as human-generated.

8. Indemnification:

  • Customer hereby agrees to agrees to defend, indemnify and hold harmless Aleph and its Affiliates and their respective principals, partners, members, managers, trustees, beneficiaries, directors, officers, stockholders, representatives, and the successors and assigns of each of the foregoing, for, from and against any and all Losses incurred by any of them arising from or in connection with any Claim arising from or related to any Input or Customers or any Users use of or reliance on Output.
  • Notwithstanding anything to the contrary in the Agreement or these AI Product Terms, Aleph shall have no infringement defense or indemnification obligations to Customer with respect to AI Products or any Output.

9. Limitations on Liability:

  • Notwithstanding anything to the contrary in the Agreement, in no event shall Aleph be liable to Customer in respect of any breach of these AI Product Terms or with respect to liability arising from any AI Product or Output for an amount in excess of one thousand dollars ($1,000), regardless of the form of any claim or action.
  • The limitations on liability set forth in the Agreement shall not apply to limit Customer’s indemnification obligations set forth in these AI Product Terms, but shall otherwise apply to any breach of these AI Product Terms by Customer.

10. Restrictions on Use: Without limiting any obligations or representations and warranties set forth in the Agreement, Customer hereby represents, warrants and covenants that:

  • Customer will not, nor will it allow others to, use the AI Products or any Output in violation of the license restrictions set forth in the Agreement, or any third party terms, policies, or other agreements applicable to the use of any AI Product, which may be updated periodically in accordance with their respective terms;
  • Customer will be entirely responsible for the use of any AI Product (including all Input and Output) by any User as if such use were by Customer;
  • Customer will not and will not permit the use of Input intended to cause the AI Product to generate inaccurate or invalid Output;
  • Customer will not alter the intended purpose of any AI Product in a way that could classify such AI Product as high-risk or prohibited under relevant AI legislation; and
  • Customer will not use and will not permit the use of any AI Product to generate, share, disseminate or otherwise make available any content that:
    • constitutes medical advice or content related to treatment, prevention, diagnosis, or transmission of diseases;
    • is hateful, harassing, offensive, violent or that attacks or dehumanizes a group based on race, ethnicity, national origin, religion, serious disease or disability, gender, age, or sexual orientation;
    • promotes or threatens violence;
    • is or may be libelous, slanderous, or otherwise defamatory;
    • promotes illegal activities or otherwise violates any applicable Law;
    • is misleading, fraudulent, or deceptive;
    • contains or constitutes the private information of others in violation of their privacy or data protection rights; or
    • infringes or has the potential to infringe the Intellectual Property rights of a third party.

11. Pricing; Usage Limits: By using any additional AI Product, Customer agrees to the pricing set forth in any applicable Order Form. Aleph may monitor and limit or suspend Customer's use of any AI Product if Aleph believes that Customer’s usage could bypass or evade any rate or User limits, adversely impact the security, performance, integrity, or commercial viability of the Platform, any AI Product or any other Services, breach the Agreement or otherwise give rise to any liability of Aleph.

12. Availability: Notwithstanding anything to the contrary, AI Products are not subject to any service level agreement or other agreement or representation, warranty or covenant from or by Aleph regarding the availability or uptime of the Platform or any Services.

13. Disclaimer: WITHOUT LIMITING ANY DISCLAIMER OF WARRANTIES SET FORTH IN THE AGREEMENT, EXCEPT AS EXPRESSLY SET FORTH IN THE AGREEMENT OR THESE AI PRODUCT TERMS, THE AI PRODUCTS AND OUTPUT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW, AND ALEPH EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ALEPH DOES NOT WARRANT THAT THE AI PRODUCTS OR OUTPUT WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE, AND NO INFORMATION OR ADVICE OBTAINED BY CUSTOMER FROM ALEPH OR THROUGH THE AI PRODUCTS, INCLUDING OUTPUT, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT OR THESE AI PRODUCT TERMS. THE PARTIES ADDITIONALLY AGREE THAT ALEPH HAS NO DUTY TO REVIEW OR TAKE ANY ACTION IN RESPECT OF THE USE OF ANY OUTPUT BY CUSTOMER OR ANY USER. CUSTOMER IS RESPONSIBLE FOR SEEKING THE ADVICE OF TRAINED AND LICENSED PROFESSIONALS, AS NEEDED AND AS APPLICABLE, PRIOR TO USING OR RELYING ON ANY OUTPUT.