These Fibery AI Terms ("AI Terms") apply to Customer's access to and use of AI Features made available by Fibery as part of the Service. They form part of the Contract and are incorporated by reference into the Fibery Terms of Service ("Terms"). Conflicts between the documents forming the Contract are resolved under Section 1.1 (Order of Precedence) of the Terms.
Commercial matters relating to AI Features, including included AI usage, Extra Usage, spending limits, pricing, billing, payment, refunds and credits, are governed by the Terms (in particular Sections 5.1, 16 and 28.1) and the applicable Order Document, not by these AI Terms. Capitalised terms not defined in these AI Terms have the meaning given in the Terms.
AI Features means artificial intelligence features made available by Fibery as part of the Service, including features that generate, summarise, classify, translate, transform, search, analyse, extract, suggest, or otherwise process content.
AI Providers means third-party providers of artificial intelligence models, systems, infrastructure, APIs, or related services used by Fibery to provide AI Features.
AI Credits means the unit in which use of AI Features is measured for the purposes of Section 5.1 (Usage Allowances and Extra Usage) of the Terms.
AI Inputs means prompts, instructions, queries, files, data, context, or other content submitted to AI Features by Customer or Authorized Users.
AI Outputs means text, data, summaries, classifications, suggestions, recommendations, code, images, structured content, or other outputs generated, returned, or made available through AI Features.
AI Features are optional unless the applicable Order Document states otherwise. Customer is responsible for deciding whether to enable, configure and use AI Features, which Authorized Users may access them, and what Your Data may be submitted to them.
AI Features are powered by, integrated with, or made available through AI Providers. Fibery provides access to AI Features within the Service but does not provide the underlying artificial intelligence models. Section 7 (Data Processing and AI Providers) describes how AI Inputs and AI Outputs are handled.
Fibery may modify, replace, suspend, or discontinue any AI Feature, AI Provider, model, configuration, or functionality in accordance with Section 10 (Changes to AI Features and AI Providers).
AI Credits are a contractual measure of permitted use of AI Features. They are not legal tender, electronic money, stored value, a financial instrument, a currency, or a monetary balance. They have no cash value and may not be transferred, resold, exchanged, assigned, or redeemed for money.
AI Credit consumption may vary depending on the AI Feature used, the model selected, the AI Provider used, the amount of Your Data processed, the length and complexity of AI Inputs and AI Outputs, files or context submitted, technical retries, system operations, and other usage factors. Consumption is calculated from Fibery's usage records, which are conclusive unless there is a manifest error.
AI Credits may be included in a Plan, used to calculate Extra Usage, or granted on a promotional, trial or discretionary basis. Promotional, trial and discretionary AI Credits are subject to any conditions stated when they are granted. AI Credits are separate from any other credits Fibery issues, including account and promotional-program credits, and may not be exchanged for or converted into them. Included AI usage and Extra Usage are governed by Section 5.1 of the Terms.
Customer is responsible for all AI Inputs submitted by Customer and its Authorized Users. Customer represents and warrants that it has all rights, permissions, notices, consents, and legal bases required to submit AI Inputs and to allow Fibery and AI Providers to process them as described in the Contract.
Customer is responsible for all use of AI Outputs, including reviewing, validating, editing, approving, storing, publishing, sharing, or relying on them. AI Outputs may be inaccurate, incomplete, misleading, biased, offensive, outdated, unsuitable, or otherwise incorrect, and may be similar or identical to outputs generated for other customers or users. Customer must independently review and validate AI Outputs before relying on them or making them available to any third party.
AI Features and AI Outputs are not designed to provide legal, tax, accounting, financial, investment, medical, employment, regulatory, compliance, or other professional advice. Customer must not rely on AI Outputs as a substitute for professional advice.
Customer must not use AI Features as the sole basis for decisions that produce legal, financial, employment, health, safety, regulatory, or similarly significant effects on individuals, unless Customer has implemented all safeguards required by applicable law.
Section 8.1 (Sensitive Data) of the Terms applies in full to AI Inputs. Customer must not submit Sensitive Data to AI Features, and Fibery has no liability for Sensitive Data submitted in breach of this Section or Section 8.1 of the Terms.
Customer is solely responsible for ensuring that its use of AI Features complies with applicable laws and internal policies governing confidential, regulated, or otherwise protected data.
To the extent necessary to provide AI Features, AI Inputs and related Your Data are transmitted to the applicable AI Providers for processing, and AI Outputs are returned and made available to Customer within the Service.
Fibery may process limited technical, account, billing, security, support, and usage information related to AI Features, including to authenticate Authorized Users, route requests, apply permissions, measure AI Credit consumption, enforce usage limits, maintain security, provide support, and operate the Service.
Where Personal Data is processed through AI Features, that processing is governed by Section 15 (Personal Data Processing) of the Terms, the Data Processing Addendum, the Privacy Policy, and applicable data protection laws.
AI Providers are Sub-Processors engaged by Fibery under Section 4 of the Data Processing Addendum and are identified in Fibery's list of Sub-Processors. They are not Non-Fibery Products, Add-Ons, or third-party products or services for the purposes of Sections 7, 18 and 25 of the Terms. AI Providers process AI Inputs and AI Outputs under written agreements with Fibery that meet the requirements of Section 4 of the Data Processing Addendum.
AI Providers receive only the AI Inputs submitted through the applicable AI Feature, together with limited technical context necessary to process the request. They do not receive Authorized Users' authentication credentials or direct access to Customer's Service Instance.
Fibery does not use Your Data submitted to AI Features to train third-party foundation models, and contractually requires AI Providers not to use AI Inputs or AI Outputs to train or improve their models.
Customer must not use AI Features in violation of applicable law, the Contract, third-party rights, or the usage policies of AI Providers that Fibery notifies to Customer or links from the Documentation.
Without limitation, Customer must not use AI Features to:
A breach of item 4 is also a breach of Section 17 (Restrictions) of the Terms.
Fibery may suspend, limit, throttle, disable, or refuse AI Feature requests where Fibery reasonably believes this is necessary to:
Fibery has no liability for suspension, limitation, throttling, disabling, or refusal of AI Feature requests in accordance with this Section.
Fibery may change AI Features, AI Providers and models in accordance with Section 28 (Changes to the Contract) of the Terms, and specifically:
(a) changes to pricing, Included Allowances, AI Credit conversion rates, or usage rules for Extra Usage follow Section 28.1 of the Terms;
(b) engaging a new or replacement AI Provider that will process Customer Personal Data follows the sub-processor notification and objection procedure in Section 4 of the Data Processing Addendum; and
(c) changes required for legal, security, provider, or abuse-prevention reasons may take effect during a current Subscription Term under exceptions (a) and (b) of Section 28 of the Terms, subject to the notice and remedy provisions of that Section.
New model versions from an existing AI Provider, performance improvements, and technical configuration changes may be made without prior notice, provided they do not materially reduce the functionality of AI Features or materially change AI Credit consumption for equivalent usage.
AI Inputs and AI Outputs stored in Customer's Service Instance are Your Data for the purposes of the Terms. As between Customer and Fibery, Customer retains ownership of AI Inputs to the same extent it owns Your Data under the Terms. Subject to the Terms and applicable law, Customer may use AI Outputs generated through its use of AI Features, acknowledging that AI Outputs may not be unique.
Fibery and its licensors retain all rights, title, and interest in the Service, AI Features as implemented within the Service, and underlying Fibery technology, systems, software, configurations, and Documentation. AI Providers and their licensors retain all rights in their models, systems, algorithms, APIs, and infrastructure. Nothing in these AI Terms transfers ownership of any of them to Customer.
AI Features are provided as part of the Service and are subject to Section 22.2 (Warranty Disclaimer) of the Terms. Without limiting it, Fibery does not warrant that AI Features or AI Outputs will be accurate, complete, reliable, current, secure, uninterrupted, error-free, unique, non-infringing, lawful, or suitable for Customer's intended purpose, or that AI Features will detect, prevent, or correct all errors, risks, compliance issues, security issues, or unlawful content.
Customer uses AI Features and AI Outputs at its own risk and remains responsible for all decisions, actions, omissions, and results arising from that use.
Section 23 (Limitation of Liability) of the Terms applies to these AI Terms and to Customer's use of AI Features, AI Credits, AI Inputs, and AI Outputs. To the maximum extent permitted by law, Fibery will not be liable for any decisions, actions, omissions, losses, damages, claims, costs, or expenses arising from or relating to:
(a) Customer's reliance on AI Outputs;
(b) inaccurate, incomplete, misleading, biased, offensive, non-unique, or unsuitable AI Outputs;
(c) Customer's failure to review, validate, or approve AI Outputs;
(d) Customer's use of AI Features in breach of these AI Terms;
(e) Customer's submission of Sensitive Data to AI Features;
(f) AI Provider outages, limitations, restrictions, rate limits, or changes; or
(g) suspension, limitation, throttling, disabling, or refusal of AI Feature requests in accordance with these AI Terms.
Customer will defend, indemnify, and hold harmless Fibery from and against any third-party claim, loss, cost, liability, damage, or expense, including reasonable attorneys' fees, arising from or relating to:
(a) AI Inputs;
(b) Customer's use of AI Outputs;
(c) Customer's use of AI Features in breach of these AI Terms, the Terms, applicable law, or third-party rights;
(d) Customer's submission of Sensitive Data to AI Features;
(e) Customer's failure to obtain required rights, permissions, notices, consents, or legal bases for AI Inputs; or
(f) claims that AI Inputs or Customer's use of AI Outputs infringe, misappropriate, or violate third-party rights or applicable law.
This indemnity is subject to the same conditions as Section 8.2 (Indemnity for Your Data) of the Terms.
Fibery's obligations under Section 24 (IP Indemnification by Fibery) of the Terms do not apply to claims arising from or relating to AI Inputs, AI Outputs, Customer's use of or reliance on AI Outputs, or Customer's use of AI Outputs in combination with Your Data, third-party materials, or non-Fibery products or services.
These AI Terms apply for as long as Customer has access to AI Features. When Customer's subscription is cancelled, expires or is terminated, Customer's right to use AI Features and any unused AI Credits end, unless the applicable Order Document states otherwise. Any refund or credit is determined under Sections 5.1 and 16 of the Terms.
Sections 4 (Customer Responsibility for AI Inputs and AI Outputs), 11 (Ownership), 12 (Disclaimers), 13 (Limitation of Liability) and 14 (Indemnity) survive any termination or expiration.
Fibery may update these AI Terms in accordance with Section 28 (Changes to the Contract) of the Terms, including its notice periods, effective dates, exceptions and remedies. Customer may also stop using AI Features at any time, as they are optional under Section 2.