Devo Product Specific Terms – Devo AI Assist

The following Product Specific Terms apply only to your use of Devo AI Assist (“AI Assist”) and only to the extent You access and use AI Assist. These Product Specific Terms are incorporated by reference into the Devo Terms of Service, Order Form, or other agreements between Devo and You (the “Agreement”).  By using AI Assist, You agree to be bound by these Product Specific Terms. In the event of any conflict between these Product Specific Terms and the Agreement, these Product Specific Terms control. Terms not defined here have the same meaning as defined in the Agreement.

1. Definitions

• a. “Input” means Customer Data, questions, prompts, or other information submitted by You to AI Assist for processing.
• b. “Output” means responses and other outputs generated by AI Assist and provided back to You as a result of the Inputs.
• c. “Pre-existing Devo Content” means any materials in which Devo has pre-existing intellectual property ownership or rights.

2. Beta Software. You agree that AI Assist is being provided as a Beta Service. As such, Section 5 of the Devo Terms of Service (or other sections regarding the provision and use of Beta Services) apply to Your use of AI Assist, in addition to the rest of the Agreement and these Product Specific Terms.

3. Participation and Termination. Enabling and using AI Assist is optional and not required to use the Services. By enabling or using AI Assist, You warrant and represent that You have the authority to agree to these Product Specific Terms, and if You are enabling or using AI Assist on behalf of an entity, You warrant and represent that You have the authority to bind such entity to the terms of these Product Specific Terms. You understand and agree that (a) You are solely responsible for Your (or Your Users’ or Customers’) operation of AI Assist; (b) if Your Customers will use AI Assist, You will disclose to Your Customers that they are interacting with an artificial intelligence system; and (c) if You use AI Assist to interact directly with Customers, You will disclose to Customers that they are interacting with an artificial intelligence system. At Our sole discretion, We may modify or replace any of these Product Specific Terms. We may change, suspend, or discontinue AI Assist at any time. Your continued use of AI Assist following the posting of any changes to the Product Specific Terms constitutes acceptance of those changes. AI Assist will process only the data that is provided or made available by You. We shall ensure that any processing of Your data is performed in accordance with applicable data protection laws and the confidentiality obligations referenced in the Agreement.

4. Use and Ownership of Input and Output. Your use of AI Assist may require You to provide an Input to generate an Output. For each Input, You represent and warrant that You have all rights necessary for you to grant the licenses granted in these Product Specific Terms, and that such Input, and Your provision thereof to and through AI Assist, comply with all applicable laws, rules and regulations, and the Agreement. As between You and Us, and to the extent permitted by applicable law, You retain Your ownership rights in the Input and You own the Output excluding any Pre-existing Devo Content. You will have the right to access and use the Pre-existing Devo Content in connection with your applicable Services subscription, and those rights will be of the same scope and duration as your rights to the underlying Services subscription. We hereby assign to You all Our right, title, and interest, if any, in and to Output, excluding any Pre-existing Devo Content. You also acknowledge and agree that any Outputs may not be protectable under copyright or other intellectual property, proprietary rights, or other law. Devo makes no warranties or representations, express or implied, that Output is protectable under any law. Notwithstanding the foregoing, by enabling or using AI Assist, You hereby grant to Us a worldwide, non-exclusive, royalty-free, transferrable right to use, reproduce, analyze, display, transmit, and distribute the Inputs and Outputs as necessary to provide AI Assist. You also grant us a worldwide, perpetual non-exclusive, royalty-free, transferrable right to use, reproduce, analyze, display, transmit, and distribute the Inputs and Outputs to develop and improve AI Assist and the Services. You acknowledge and agree that We shall have the right to copy, use, modify, distribute, and display any information, analysis, statistics and other data generated by AI Assist, including compilation of aggregated statistics about the Services, to optimize performance of and improve Our Services. 

5. Warranties and Disclaimers. Your use of AI Assist is at your own risk. AI Assist is provided “as is” and We do not make any warranty of any kind as to the Output or the results that may be obtained from the use of AI Assist or the accuracy of any other information obtained through AI Assist. We disclaim all warranties with regard to AI Assist including, without limitation, warranties of merchantability, non-infringement, and fitness for a particular purpose. Specifically, Devo makes no warranty that (i) AI Assist or its Output will meet your requirements, (ii) Your access to AI Assist or its Output will be uninterrupted, timely, secure or error-free, (iii) the quality of any content, products, services, information or other material obtained through a AI Assist will meet Your expectations, and (iv) any errors in the software will be corrected. You understand and agree that AI Assist does not attempt to verify the accuracy or compliance with laws of any Output and You assume the sole risk for use of Output. You should independently evaluate, through human review, the Outputs, including to make sure that such Outputs are accurate, lawful, and otherwise appropriate and permissible under these Product Specific Terms and that You have adequate rights to use such Outputs, before relying on them. You shall ensure that Your Inputs and use of any Output does not violate the intellectual property or proprietary rights of Devo or any third party. No information or advice, whether oral or written, obtained by You from Us or through AI Assist shall create any warranty not expressly made herein. Neither Us nor Our affiliates or their respective representatives will be liable under any legal or equitable theory for any claim (including third-party claims), damage, or loss (and You will indemnify, defend and hold Us harmless against any and all such claims, including any indemnification obligation owed by Us to any third-party providers) arising from or relating to Your use of AI Assist.

6. Additional Processing Instructions. To the extent the Input contains Personal Data, You instruct Us to process the Personal Data for the additional purpose of providing the AI Assist functionality and Output. 

7. Risks and Limitations. Artificial intelligence and machine learning technologies have known and unknown risks and limitations. You acknowledge that You are solely responsible for (i) developing Your own internal policies regarding the appropriate use of these technologies and training other users on Your account on such policies, (ii) providing transparency and explainability notices and obtaining all necessary consents required by applicable laws, and (iii) implementing sufficient human oversight for the use of AI Assist. By using AI Assist, You acknowledge and agree that Devo is not responsible for (a) any inaccuracies or errors in the Output, (b) any biases, lack of fairness, or limitations of the underlying algorithms or data, or (c) any Output that You may find unsafe, harmful or offensive. If You encounter any Output that is inaccurate, unsafe, harmful, biased, unfair, offensive, or not appropriate, please report it to the Devo Support Team so We can continue to iterate and improve these features. You further acknowledge that Outputs provided to You may be similar or identical to Outputs independently provided by Us to others. You are solely responsible for reviewing, editing, and amending any Output before publishing, using, or relying on such Output.

8. Term. The terms applicable to AI Assist as set forth herein take effect when you gain access to AI Assist and remain in effect for the duration of Your subscription term of Your Services subscription unless terminated earlier. You may terminate the terms applicable to AI Assist at any time for any reason by discontinuing the use of the AI Assist and providing written notice of termination to Devo. Termination of Your subscription to the underlying Services subscription in which the AI Assist runs will automatically terminate the terms specific to Your use of AI Assist. Devo may terminate your access to AI Assist at its convenience upon written notice to You. If Devo, in its sole discretion, believes your use of AI Assist may be in breach of the applicable terms or could result in potential harm, Devo may immediately suspend your use of the Assistant.

9. Entire Agreement. These Devo Product Specific Terms, together with the Agreement, constitute the entire agreement between the parties, and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter. To the extent of any conflict or inconsistency between the provisions in the body of these Product Specific Terms and the Agreement, the terms of these Product Specific Terms shall prevail.