AI Additional Terms and Conditions
These Fireberry AI Additional Terms ("Fireberry AI Terms") apply to your access and use of any Fireberry AI features, functionalities, applications, and bots and form an integral part of the Fireberry Terms of Service (the "Terms"), which are incorporated herein by reference. Capitalized terms used herein but not otherwise defined shall have the meanings ascribed to them in the Terms. Please carefully read these Fireberry AI Terms. Do not accept these Fireberry AI Terms or use Fireberry AI if you disagree with any of these Fireberry AI Terms.
In case you are representing your employer or another entity, you hereby affirm that: (a) you possess full legal authority to legally bind your employer or the applicable entity (as applicable) to these Fireberry AI Terms; and (b) you have thoroughly read and understood these Fireberry AI Terms, and you consent to them on behalf of your employer or the respective entity (as applicable), thereby legally binding your employer or said entity (as the case may be) to these Fireberry AI Terms.
PLEASE BE AWARE THAT FIREBERRY AI IS CURRENTLY PROVIDED TO YOU AS A BETA SERVICE IN ACCORDANCE WITH THE PROVISIONS OF SECTION 8 OF THE TERMS.
1. Fireberry AI
Fireberry may incorporate various AI features, functionalities, applications, tools, and bots into its Services ("FireberryAI"), which shall be made available to you through the Fireberry platform and Fireberry's mobile application. Such Fireberry AI utilizes advanced data models, which have been developed and trained using machine learning and artificial intelligence techniques. The capabilities of Fireberry AI may include, but are not limited to, generating short-form and long-form content via prompting mechanisms, editing and extracting information from existing content through similar prompting techniques, and translating both pre-existing and newly generated content.
2. AI Functionality
You may submit or provide data to Fireberry AI, including but not limited to text, prompts, or other forms of content ("Input"), and receive responses from Fireberry AI, which may consist of content, suggestions, formulas, or other types of results ("Output"). Such Input and Output shall be considered part of your Customer Data in accordance with the Terms.
3. Fireberry AI: Use Restrictions and Obligations
When using Fireberry AI, you are solely responsible for ensuring that your access to and use of Fireberry AI, including Input and Output usages, will not: (i) violate Fireberry Terms, Fireberry AI Terms, or any legal or service use policies we may implement from time to time; (ii) violate any applicable law or regulation; (iii) infringe upon, violate, or misappropriate any of Fireberry’s rights or the rights of any third party; (iv) violate the Fireberry Acceptable Use Policy; or (v) be used to provide Input or to generate Output that consists of any sensitive or regulated information unless you have a separate agreement with Fireberry that expressly allows for the processing of such data through Fireberry AI. Such sensitive data may include, but is not limited to, (a) racial or ethnic origin of individuals; (b) government-issued identification numbers of any kind; (c) protected health information as defined by HIPAA or similar statutes, or health, genetic, or biometric records or data in general; or (d) personal financial or bank account information.
4. Improving Fireberry AI
Notwithstanding any provisions to the contrary in any relevant agreement between you and Fireberry, Fireberry shall have the right to collect and utilize data derived from your interactions with or usage of Fireberry AI, including Input and/or Output, for the purposes of enhancing and developing Fireberry AI and delivering Fireberry AI functionalities to you.
Unless expressly consented to by you, your utilization of or access to Fireberry AI does not confer upon Fireberry any rights or licenses to use or disclose your Customer Data in a manner that is inconsistent with the Terms or any applicable agreement between you and Fireberry.
5. Third-Party Products and Services
Fireberry may facilitate Third-Party Services that offer AI features and functionalities. Subject to our Terms and these Fireberry AI Terms, your use of any such Third-Party Services shall be governed by the terms, guidelines, and policies of the respective Third-Party Service providers, including, but not limited to, OpenAI's policies and user guidelines published here.
6. Fireberry AI Usage Monitoring
Fireberry and its Third Party Service providers, whose AI products and services are integrated with the Service for the purpose of enabling Fireberry AI, may monitor your Inputs and/or Outputs to oversee, prevent, and debug any abusive, unlawful, harmful, or unauthorized usage. Such monitoring is essential to ensure compliance with legal requirements and maintain the integrity and security of our Services.
7. Term and Termination
Access to and use of Fireberry AI is conditional upon your adherence to: (i) the terms set forth in these Fireberry AI Terms; and (ii) the terms set forth in the Fireberry Terms. We reserve the right to discontinue Fireberry AI, or any component thereof, at our sole discretion and without incurring any liability to you.
8. Disclaimers of Warranties
FIREBERRY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS RELATED TO FIREBERRY AI, INCLUDING ITS FEATURES, FUNCTIONALITIES, OUTPUTS, AND THE POTENTIAL RESULTS FROM ITS USE. FIREBERRY AI IS PROVIDED "AS IS, "WITH ALL FAULTS", AND "AS AVAILABLE," WITHOUT ANY WARRANTIES, EITHER EXPRESS OR IMPLIED. FIREBERRY EXPLICITLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUALITY, COMPLETENESS, NON-INFRINGEMENT, RELIABILITY, AVAILABILITY, AND PERFORMANCE. YOU ACKNOWLEDGE AND AGREE THAT ANY CONTENT OR OUTPUT DERIVED FROM THE USE OF FIREBERRY AI IS PROVIDED "AS-IS" AND ACQUIRED AT YOUR SOLE RISK. DON’T USE OR RELY ON FIREBERRY AI OUTPUT WITHOUT INDEPENDENTLY VERIFYING ITS ACCURACY, AS OUTPUT MAY INCLUDE MATERIAL INACCURACIES OR UNVERIFIED INFORMATION DUE TO THE NATURE OF MACHINE LEARNING OR CHANGES IN THE DATA MODEL AND/OR UNDERLYING DATA AFTER AN OUTPUT IS GENERATED. FIREBERRY MAKES NO WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF FIREBERRY AI OR THE ACCURACY OF ANY INFORMATION OBTAINED THROUGH IT. NO ADVICE OR CONTENT, WHETHER ORAL OR WRITTEN, OBTAINED FROM FIREBERRY WILL ESTABLISH ANY WARRANTY NOT EXPRESSLY STATED HEREIN. FIREBERRY AI IS SUPPLEMENTAL TO THE SERVICES PROVIDED UNDER ANY APPLICABLE AGREEMENT BETWEEN YOU AND FIREBERRY, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN YOUR AGREEMENT WITH FIREBERRY, FIREBERRY MAKES NO WARRANTIES REGARDING THE AVAILABILITY OR UPTIME OF FIREBERRY AI AND RESERVES THE RIGHT TO MODIFY, LIMIT, OR DISCONTINUE FIREBERRY AI AT ITS SOLE DISCRETION.
9. LIMITATION OF LIABILITY
NOTWITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED IN THESE FIREBERRY AI TERMS OR ELSEWHERE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIREBERRY, ITS AFFILIATES, AND THIRD-PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, BUSINESS, COSTS, ANTICIPATED SAVINGS, REVENUES, GOODWILL, DATA, INTELLECTUAL PROPERTY, REPUTATION, OR THE FAILURE OF SECURITY MEASURES AND PROTECTIONS. THE FOREGOING LIMITATION OF LIABILITY APPLIES REGARDLESS OF WHETHER THE LIABILITY ARISES FROM CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF FIREBERRY, ITS AFFILIATES, OR THIRD-PARTY PROVIDERS HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, FIREBERRY WILL NOT BE LIABLE FOR THE EXPENSE OF OBTAINING SUBSTITUTE GOODS OR SERVICES EVEN IF ANY REMEDY PROVIDED HEREIN FAILS ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF FIREBERRY FOR ALL DAMAGES AND LOSSES UNDER THESE TERMS EXCEED ONE HUNDRED DOLLARS ($100).
10. General Provisions
10.1. Updates and Modifications to these Fireberry AI Terms
We reserve the right to amend, modify, and/or update these Fireberry AI Terms at any time and at our sole discretion.
10.2. Conflict
Should there be any conflict between the provisions of these Fireberry AI Terms and the provisions of the Terms, the provisions of the Fireberry AI Terms shall prevail.
10.3. No Reliance
You acknowledge and agree that you shall not rely upon, nor shall you have any remedy regarding, any statement, warranty, or representation made by us or any person on our behalf, whether made innocently or negligently, unless explicitly stipulated in these Fireberry AI Terms or the Terms.
10.4. Survival
Sections 1, 2, 3, 4, 6, 7, 8, 9, and 10 shall survive the expiration or termination of these Fireberry AI Terms.
Effective Date: 03/07/24