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ITERABLE ADDITIONAL AI TERMS OF USE

Version : 9 August 2023

These Iterable Additional AI Terms of Use (“Terms of Use”) are incorporated into, and form part of, the Master Services Agreement (“Agreement”) or other written or electronic agreement between Iterable, Inc. (“Iterable”) and Customer (“You” or “Your”). These Terms of Use apply to Your use of either or both of the following beta versions of Iterable AI services : Iterable’s “Next Best Action” and “Copy Assist”.  All capitalized terms not defined herein shall have the meaning set forth in the Agreement. In the event of any conflict between these Terms of Use and Your Agreement, these terms of this Terms of Use shall apply.  Iterable reserves the right to update these terms from time to time. 

Restrictions in Use : Neither You nor any of Your Authorized Users of Iterable AI shall do any of the following: (i) use Iterable AI  for the purpose of generating content for use within email communications relating to any of the following interests, sectors or industries: political campaigns and/or lobbying or by political agencies, multi-level marketing, gambling, payday lending, adult industries and/or adult content; (ii)  enter or submit to Iterable AI, use (or attempt to use)  Iterable AI to generate any information that falls within the scope of “personal data” or “personal information” (or any analogous term), as those terms under applicable data protection laws; any information relating to individuals under the age of 18, any financial information, any sensitive or regulated information and any health information (whether physical, mental or otherwise) relating to any individual as Iterable AI is not HIPAA compliant; (ii)  reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of Iterable AI.

Content generated by Iterable AI : You acknowledge and agree that Content You generate using Iterable AI is not guaranteed to be accurate, reliable, safe, beneficial or non-offensive, due to the rapidly evolving nature of machine learning and artificial intelligence as fields of study. You agree that You will evaluate the accuracy of any content You generate using Iterable AI to determine whether it is appropriate for Your use case, including by using human review.

WARRANTY DISCLAIMER. ITERABLE AI IS PROVIDED AS AN “AS IS” SERVICES.  ITERABLE DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ITERABLE AI OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH ITERABLE AI.  YOU SHOULD NOT RELY ON THE OUTPUT WITHOUT INDEPENDENTLY CHECKING THE ACCURACY AND RELIABILITY OF THE OUTPUT DUE TO THE NATURE OF MACHINE LEARNING. IN NO EVENT WILL ITERABLE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR OTHER LOSSES.  ITERABLE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED. ITERABLE DISCLAIMS ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT ARISING FROM THE USE OF ITERABLE AI. 

Service Level Agreements : Except where expressly stated, Iterable AI is not supported or subject to any Service Legal Agreements that have been (or may be) agreed between the parties and Iterable reserves the right to downgrade performance of Iterable AI at any time.  

You acknowledge and agree that You must not use Iterable AI in any way which will violate OpenAI’s Usage Policies (at https://openai.com/policies/usage-policies>) or Sharing and Publication Policy (at https://openai.com/policies/sharing-publication-policy). You agree You will not use Iterable AI in a way which would cause Iterable to breach terms that Iterable has agreed with OpenAI for this third party AI functionality. You also agree that You will also comply with all restrictions under the Iterable Acceptable Use Policy and Iterable Anti Spam Policy