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Iterable AI Terms of Use

Last updated: September 2026

1. Scope and Applicability

1.1. These AI Terms of Use (“AI Terms”) govern your use of generally available and beta versions of AI-powered features and capabilities within the Iterable Platform (collectively, “AI Features”). Capitalized terms not defined herein have the meanings set forth in the Agreement.

1.2. AI Features include, without limitation: Brand Affinity, Send Time Optimization, Channel Optimization, Copy Assist, Next Best Action, Predictive Goals, Frequency Optimization, Journey Assist, AI Query Summary, Nova Agent, and any other feature designated as an AI Feature in the Services or Documentation.

1.3. Certain AI Features generate content in response to prompts or instructions provided by Authorized Users (“Generative AI Features”). Generative AI Features currently include Copy Assist, Next Best Action, Journey Assist, AI Query Summary, and Nova Agent. Iterable may designate additional AI Features as Generative AI Features in the Services or Documentation.

2. Governing Terms

2.1. Your use of AI Features is governed by these AI Terms together with the Agreement, including Section 3.9 of the MSA, the Product-Specific Terms, the Acceptable Use Policy, and the Beta Terms (to the extent an AI Feature is designated as a Beta Service). 

2.2. These AI Terms are incorporated into, and form part of, the Product-Specific Terms. Nothing in these AI Terms modifies or reduces the limitations of liability set forth in Section 10 of the Agreement. To the extent these AI Terms address the scope of representations, warranties, or indemnification obligations in the context of AI Features, the AI Terms shall be read as clarifying the application of those provisions to AI Features and shall control over conflicting provisions in the Agreement in accordance with the applicable order of precedence.

3. Generative AI Input Restrictions

3.1. When using Generative AI Features, Customer must not submit as AI Inputs any of the following:

  1. personal data or personal information (as defined under applicable data protection laws), including names, email addresses, phone numbers, device identifiers, or other information that identifies or could reasonably be used to identify a natural person;
  2. information relating to individuals known or reasonably believed to be under the age of 18; or
  3. any information classified as sensitive or special category data under applicable data protection laws, including racial or ethnic origin, political opinions, religious beliefs, biometric data, or genetic data.

3.2. Where Customer’s use of Generative AI Features involves referencing personal data stored within the Iterable Platform and Services, Customer is solely responsible for: (a) ensuring that it has obtained all consents and legal bases required under applicable data protection laws to process such personal data through Generative AI Features, including any consents required for automated processing or profiling; and (b) ensuring that its privacy notices and disclosures to data subjects accurately describe the use of AI-powered features in connection with their personal data.

3.3. Regardless of whether the information is stored within the Iterable Platform and Services, Customer must not submit the following into Generative AI Features under any circumstances:

  1. payment card numbers, bank account numbers, financial credentials, or government-issued identification numbers (e.g., Social Security numbers, national ID numbers, passport numbers);
  2. authentication credentials, passwords, or security tokens; or
  3. protected health information, unless Customer has executed a Business Associate Agreement with Iterable and the applicable AI Feature is designated as HIPAA-eligible in the Documentation.

3.4. The restrictions in this Section 3 apply to Generative AI Features only. Other AI Features that process Customer Content within the Iterable Platform are governed by the data processing terms in the Agreement and applicable Data Processing Addendum.

4. Prohibited AI Use Cases

4.1. In addition to the restrictions set forth in the Acceptable Use Policy at https://iterable.com/legal/acceptable-use-policy/, Customer must not use AI Features to:

  1. generate content for use in communications relating to political campaigns, political lobbying, or on behalf of political agencies;
  2. generate content for use in multi-level marketing, gambling, payday or same-day lending, or adult entertainment;
  3. make or inform decisions that produce legal effects concerning an individual or similarly significantly affect an individual, including decisions relating to employment, credit, insurance, housing, or public benefits, without appropriate human review and oversight;
  4. generate content that impersonates a natural person or creates the false impression that AI-generated content was authored by a natural person;
  5. generate content intended to deceive, manipulate, or mislead recipients;
  6. circumvent any safety filters, content restrictions, or usage controls implemented by Iterable or its third-party AI providers;
  7. generate content that Customer knows or reasonably should know violates or infringes any rights of any third party, including intellectual property rights, privacy rights, and publicity rights;
  8. track, monitor, or build profiles of individuals without their knowledge and consent, or conduct real-time or retrospective surveillance of individuals; or
  9. generate sexually explicit content or content that depicts or promotes non-consensual sexual activity.

4.2 Customer acknowledges that AI Outputs may inadvertently incorporate material similar to third-party copyrighted, trademarked, or otherwise protected content. Customer is solely responsible for evaluating AI Outputs for potential intellectual property infringement before use or distribution. Iterable’s indemnification obligations under the Agreement do not extend to claims arising from Customer’s use or distribution of AI Outputs. For the avoidance of doubt, Customer’s violation of the restrictions in Section 4.1 constitutes a breach of the Agreement for purposes of Customer’s indemnification obligations under the Agreement.

4.3. Before using, distributing, or sending any AI Output, Customer must review it for accuracy, completeness, potential bias, and compliance with applicable law, the Agreement, and the Acceptable Use Policy.

5. Third-Party AI Providers and Model Updates

5.1. Iterable uses third-party AI service providers to deliver certain AI Features. By using AI Features, Customer consents to the transmission of AI Inputs to such providers in accordance with Section 3.9 of the Agreement. Customer must not use AI Features in any manner that would cause Iterable to violate the terms Iterable has agreed to with its third-party AI providers, including any applicable usage policies.

5.2. Iterable may change third-party AI providers or update, retrain, or replace AI models at any time. Such changes may affect AI Outputs, including differences in content suggestions, recommendations, predictions, or scoring, and do not constitute a material reduction in core functionality of the Services.

5.3. AI Inputs submitted to Generative AI Features may be processed outside the region of Customer’s designated Iterable data center to the extent necessary for delivery by third-party AI providers, subject to the data transfer mechanisms in the Agreement and applicable Data Processing Addendum. For AI Features other than Generative AI Features, processing occurs within Customer’s designated data center region.

6. Automated Decision-Making

Certain AI Features may involve automated processing of personal data. To the extent required by applicable data protection laws, Customer is solely responsible for:

  1. determining whether its use of AI Features constitutes automated decision-making subject to regulatory requirements;
  2. providing any required notices or disclosures to data subjects regarding automated processing;
  3. implementing appropriate safeguards, including mechanisms for data subjects to obtain human intervention, express their point of view, or contest automated decisions; and
  4. conducting any required data protection impact assessments in connection with its use of AI Features.

7. Reverse Engineering

Customer must not reverse assemble, reverse compile, decompile, translate, or otherwise attempt to discover the source code, underlying models, algorithms, model weights, training data, or system architecture of any AI Feature. This restriction applies whether such attempt is made through direct technical means, through analysis of AI Outputs, through repeated or systematic querying designed to extract model behavior, or through any other method.

8. Changes to AI Terms

8.1. Iterable may update these AI Terms from time to time by publishing a revised version at the URL where these AI Terms are made available.

8.2. Iterable will denote the applicability of these AI Terms within the Iterable Platform and Services (e.g., through in-product notice or links). Changes to these AI Terms are effective upon publication. By using AI Features, Customer agrees to the then-current version of these AI Terms.