These Fibery AI Terms (“AI Terms”) apply to Customer’s access to and use of artificial intelligence features, AI-powered functionality, and related usage credits or allowances made available by Fibery as part of the Service.
These AI Terms form part of the Contract and are incorporated by reference into the Fibery Terms of Service. In case of conflict, the order of precedence in Section 1.1 of the Fibery Terms of Service applies. For clarity:
(a) with respect to AI Features and AI Credits, these AI Terms prevail over the Fibery Terms of Service;
(b) with respect to commercial matters such as AI Credit allowances, limits, pricing, billing periods, expiry, or payment terms, the applicable Commercial Terms prevail over these AI Terms; and
(c) with respect to the Processing of Personal Data, the Data Processing Addendum prevails over these AI Terms.
AI Features means artificial intelligence features made available by Fibery, including features that generate, summarize, classify, translate, transform, search, analyze, 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 usage credits, allowances, or other units of permitted usage made available by Fibery for use with AI Features. AI Credits are distinct from, and may not be combined or exchanged with, credits granted under any Fibery promotional program.
AI Inputs means prompts, instructions, queries, files, data, Customer Data, Personal 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.
Commercial Terms means an Order Document, the published Pricing page, the in-product billing page, an invoice, a subscription checkout page, or another written agreement mutually agreed between Customer and Fibery, in each case to the extent it describes the applicable AI Features, AI Credits, allowances, limits, pricing, billing periods, expiry, or payment terms.
Fibery may provide access to AI Features as part of the Service. AI Features are optional unless expressly stated otherwise in the applicable Commercial Terms.
Customer is responsible for deciding whether to enable, configure, and use AI Features. Customer is also responsible for determining which Authorized Users may access AI Features and what Customer Data may be submitted to AI Features.
Customer acknowledges that AI Features are powered by, integrated with, or made available through third-party AI Providers. Fibery provides access to AI Features within the Service but does not provide the underlying artificial intelligence models.
To the extent necessary to make AI Features available within the Service, AI Inputs and related Customer Data may be transmitted to applicable AI Providers for processing. AI Outputs generated by AI Providers may be returned and made available to Customer within the Service.
Fibery may process limited technical, account, billing, security, and usage information related to AI Features, including information necessary to authenticate Authorized Users, route requests, apply permissions, calculate AI Credit consumption, enforce usage limits, maintain security, provide support, and operate the Service.
Fibery may modify, replace, suspend, or discontinue access to any AI Feature, AI Provider, model, configuration, functionality, or usage limit from time to time in accordance with these AI Terms and the Fibery Terms of Service.
AI Credits are a contractual measure of permitted usage of AI Features within the Service.
AI Credits are not legal tender, electronic money, stored value, a financial instrument, a currency, or a monetary balance.
AI Credits have no cash value, are not transferable, may not be resold, exchanged, assigned, or redeemed for money, and are refundable only where expressly stated in the applicable Commercial Terms or required by applicable law.
AI Credits may be:
AI Credit consumption may vary depending on the AI Feature used, the model selected, the AI Provider used, the amount of Customer Data processed, the length and complexity of AI Inputs and AI Outputs, files or context submitted, technical retries, system operations, and other usage factors.
Fibery’s usage records will be the basis for calculating AI Credit consumption, unless there is a manifest error.
Certain subscription plans may include AI Credits or other AI usage allowances.
Unless otherwise stated in the applicable Commercial Terms, included AI Credits reset at the end of the applicable usage period and do not roll over.
Included AI Credits are part of the applicable subscription plan and have no separate cash value. Customer is not entitled to any refund, credit, or compensation for unused included AI Credits.
If Customer uses all included AI Credits for a calendar month and extra AI usage is not enabled or available, AI Features may stop accepting requests until the next calendar month, Customer upgrades to a plan with a higher allowance, or Customer enables extra AI usage where available.
Extra AI usage may be available for certain subscription plans, as described in the applicable Commercial Terms.
If Customer reaches the AI usage allowance included in its subscription plan, Customer may be able to enable extra AI usage in the Service and set a monthly spending cap. Extra AI usage is optional and will not apply unless enabled by Customer or its Authorized Users with the necessary permissions.
The minimum and maximum monthly spending cap, the price per AI Credit or AI Credit bundle, supported currencies, and eligible subscription plans are described in the published Pricing page.
Customer will be charged only for extra AI usage actually consumed during the applicable calendar month, up to the monthly spending cap set by Customer. Setting a monthly spending cap does not itself create a charge for the full cap amount.
Unless otherwise stated in the applicable Commercial Terms, Fibery will first apply AI usage included in Customer’s subscription plan. If the included allowance has been reached at the time of consumption, Fibery may then apply extra AI usage, provided that extra AI usage is enabled and the applicable monthly spending cap has not been reached.
Customer acknowledges that the AI usage allowance included in a subscription plan may change during a calendar month, including as a result of changes in the number of paid seats, plan changes, or other subscription changes. Fibery determines whether usage is applied against the included allowance or extra AI usage at the time the relevant AI request is consumed.
If the monthly spending cap for extra AI usage is reached, Fibery may suspend, limit, throttle, or disable further AI usage until the next calendar month, unless Customer increases the cap or otherwise agrees to additional charges in accordance with the applicable Commercial Terms.
Customer may modify or disable extra AI usage in the Service, subject to any technical, billing, or usage limitations described in the applicable Commercial Terms. Customer may not reduce the monthly spending cap for the current calendar month below the amount of extra AI usage already consumed during that month.
Extra AI usage fees will be calculated based on Fibery’s usage records, unless there is a manifest error. Extra AI usage fees are non-refundable and non-creditable once incurred, except where required by applicable law or expressly stated in the applicable Commercial Terms.
If Customer no longer has a subscription plan that supports extra AI usage, extra AI usage will be disabled or reset in accordance with the applicable Commercial Terms. Any extra AI usage fees already incurred before such downgrade, cancellation, expiry, or termination remain payable.
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 to AI Features and to allow Fibery and AI Providers to process AI Inputs as described in these AI Terms, the Fibery Terms of Service, the Privacy Policy, the DPA, and applicable Commercial Terms.
Customer is responsible for all use of AI Outputs, including reviewing, validating, editing, approving, storing, publishing, sharing, or relying on AI Outputs.
AI Outputs may be inaccurate, incomplete, misleading, biased, offensive, outdated, unsuitable, or otherwise incorrect. AI Outputs may also 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 is solely responsible for obtaining appropriate professional advice before making decisions based on AI Outputs.
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.
Customer must not submit Sensitive Data to AI Features unless expressly permitted by Fibery in writing and supported by the applicable Service configuration.
Fibery has no liability for Sensitive Data submitted to AI Features in breach of these AI Terms or the Fibery Terms of Service.
Customer is solely responsible for ensuring that its use of AI Features complies with applicable laws and internal policies governing confidential, regulated, sensitive, special category, or otherwise protected data.
To provide access to AI Features, Customer may choose to submit AI Inputs and related Customer Data, which may then be transmitted to applicable AI Providers for processing. AI Outputs generated by AI Providers may be 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 information necessary to authenticate Authorized Users, route requests, apply permissions, calculate AI Credit consumption, enforce usage limits, maintain security, provide support, and operate the Service.
Where Personal Data is processed through AI Features, such processing is governed by the Fibery Terms of Service, the Privacy Policy, the applicable Data Processing Addendum or personal data processing terms, and applicable Data Protection Laws.
Fibery will identify relevant AI Providers in its list of Sub-processors.
Fibery does not use Customer Data submitted to AI Features to train third-party foundation models, and contractually requires that AI Providers do not use AI Inputs or AI Outputs to train or improve their models.
AI Providers receive only the AI Inputs submitted through the applicable AI Feature, together with limited technical context necessary to process the request. AI Providers do not receive Authorized Users' authentication credentials or direct access to Customer's workspace or database.
AI Providers process AI Inputs and AI Outputs under written agreements with Fibery consistent with the Data Processing Addendum; their security controls and retention practices are reflected in Fibery's Sub-Processor list.
Customer must not use AI Features in violation of:
Without limitation, Customer must not use AI Features to:
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, models, AI Credit conversion rates, usage limits, included allowances, expiry rules, and pricing in accordance with Section 28 (Changes to the Contract) of the Fibery Terms of Service, and specifically:
Routine model version updates, performance improvements, and technical configuration changes that do not materially reduce the functionality of AI Features or materially change AI Credit consumption for equivalent usage do not constitute material changes and may be made without prior notice.
As between Customer and Fibery, Customer retains ownership of AI Inputs to the same extent Customer owns Customer Data under the Fibery Terms of Service.
Subject to the Fibery Terms of Service and applicable law, Customer may use AI Outputs generated through Customer’s use of AI Features. Customer acknowledges that AI Outputs may not be unique and that the same or similar outputs may be generated for other customers or users.
Fibery and its licensors retain all rights, title, and interest in and to the Service, AI Features as implemented within the Service, underlying Fibery technology, systems, software, configurations, Documentation, and related intellectual property.
AI Providers and their licensors retain all rights, title, and interest in and to their respective models, systems, algorithms, APIs, infrastructure, and related technology.
Nothing in these AI Terms transfers ownership of Fibery technology, AI Provider technology, models, systems, algorithms, APIs, or other underlying artificial intelligence infrastructure to Customer.
AI Features are provided as part of the Service and are subject to the warranty disclaimers in the Fibery Terms of Service.
Without limiting those disclaimers, 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.
Fibery does not warrant 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 such use.
The limitation of liability provisions in the Fibery Terms of Service apply 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:
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:
Fibery’s IP indemnification obligations under the Fibery Terms of Service do not apply to claims arising from or relating to AI Inputs, AI Outputs, Customer’s use of AI Features, Customer’s reliance on AI Outputs, or Customer’s use of AI Outputs in combination with Customer Data, third-party materials, or non-Fibery products or services.
These AI Terms apply for as long as Customer has access to AI Features or AI Credits.
Upon termination or expiration of the applicable subscription, Customer’s right to use AI Features and any unused AI Credits will terminate, unless otherwise stated in the applicable Commercial Terms.
Unused AI Credits are not refundable or creditable upon termination, cancellation, or non-renewal, except where expressly stated in the applicable Commercial Terms or required by applicable law.
Fibery may update these AI Terms from time to time. Updates take effect in accordance with Section 28 (Changes to the Contract) of the Fibery Terms of Service: for paid subscriptions, upon the start of the next Subscription Term; for Free service, on the date stated in the notice; and immediately only in the circumstances described in Section 28 of the Fibery Terms of Service. If an update materially affects Customer's rights or obligations, Fibery will provide notice by email, through the Service, or on Fibery's website. If Customer objects to an updated version of these AI Terms, Customer's remedies are as set out in Section 28 of the Fibery Terms of Service, and Customer may additionally stop using AI Features at any time (AI Features being optional under Section 2).