These Avantis AI Supplementary Terms (“Avantis AI Terms”) form a part of the Avantis Terms of Use and the Avantis Order Form Agreement, as applicable, between you and Avantis (the “Agreement”). These Avantis AI Terms apply to your access and use of any Avantis AI feature(s). To the extent there is a conflict between these Avantis AI Terms and the Agreement, the Avantis AI Terms shall supersede the Agreement specifically as it relates to Customer’s use of Avantis AI.  Any capitalized terms used herein have the same meaning as in the Agreement.

By accessing or using Avantis AI, you agree to these Avantis AI Terms on behalf of the applicable entity or organization that you represent.

1.  Definitions. 
   
1. “Customer Property” means any content (including text or files) uploaded or supplied to the Subscription Services by Customer. 
   

2. General. “Avantis AI” means any feature(s) or functionality made available by Avantis and labeled as Avantis AI that utilizes artificial intelligence, machine learning, or similar technologies. Avantis AI may be developed by Avantis and/or Avantis’s third-party providers and are a part of the Service. These Avantis AI Terms only apply to Avantis provided within the Service and not to any artificial intelligence, machine learning, or similar technologies provided by third party products. Avantis and its licensors exclusively own all right, title, and interest in and to Avantis AI, including all associated intellectual property rights.

3. AI Content. If you choose to enable Avantis AI, your Customer Property that is uploaded in Avantis (“Input”) will be used by Avantis AI only to provide the Service to you and you will receive output generated and returned by Avantis AI based on your Input (“Output”, and together with Input, “Al Content”). When you use Avantis AI, Input and Output are your Customer Property. You are solely responsible for your AI Content, including compliance with applicable laws and the Agreement. You will ensure that your AI Content will not (i) violate any applicable law; (ii) violate these Avantis AI Terms or the Agreement; or (iii) infringe, violate, or misappropriate any of our rights or the rights of any third party. You acknowledge that due to the nature of machine learning and the technology powering Avantis AI features, your Output may not be unique and Avantis AI may generate the same or similar output to Avantis or a third party. For greater certainty, Avantis will maintain Customer Property in the strictest confidence using at least the same degree of care as it uses for its own confidential information, but in no event less than a reasonable degree of care; and not disclose Customer Property to any third party without your express written consent.

4. Training AI Models. Your Customer Property won’t be used to train the AI models for the purpose of other Avantis Customers. We do not permit our third-party Subprocessors of Avantis AI to use your Customer Property to train their Al models.

5. Usage Restrictions. You may not use Avantis AI or Output (a) to develop foundation models or other large-scale models that compete with Avantis or Avantis AI, (b) to mislead any person that Output from the Service was solely human-generated, (c) in a manner that violates any technical documentation, usage guidelines, or parameters, (d) to make automated decisions that may have a detrimental impact on individual rights without appropriate human supervision, or (e) in a manner that infringes, violates, or misappropriates any of our rights or the rights of any third party.

6. Warranty Disclaimer. AVANTIS AI IS PROVIDED TO YOU ON AN “AS IS” BASIS. AVANTIS DOES NOT MAKE ANY WARRANTY REGARDING THE RESULTS OBTAINABLE FROM USING AVANTIS AI OR THE ACCURACY OR SUITABILITY FOR YOUR NEEDS OF ANY INFORMATION (INCLUDING, BUT NOT LIMITED TO, MATERIALS, DESIGNS, WORKFLOWS/PROCESSES, CODE, OR OTHER DATA) OBTAINED THROUGH AVANTIS AI. YOU UNDERSTAND AND AGREE THAT ANY SUCH INFORMATION OBTAINED THROUGH USING AVANTIS AI IS AT YOUR SOLE RISK. DO NOT RELY ON FACTUAL ASSERTIONS IN OUTPUT WITHOUT INDEPENDENT FACT-CHECKING. DO NOT RELY ON DESIGNS, WORKFLOWS/PROCESSES, OR CODE IN OUTPUT WITHOUT INDEPENDENT REVIEW OF FUNCTIONALITY AND SUITABILITY FOR YOUR NEEDS. NO SUCH INFORMATION, SUGGESTIONS, OR OUTPUT, OBTAINED BY YOU FROM AVANTIS OR THROUGH AVANTIS AI SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

7. Service Level Terms Are Not Applicable.  Notwithstanding anything to the contrary in your Agreement, downtime of Avantis AI that results from a failure of a third-party service will not be included in the Uptime Guarantee calculations.