Hootsuite AI Terms
Last modified: July 9, 2024
Introduction to the AI Terms. These AI Terms have been drafted to govern your use of AI-Powered Services. AI technology is still in the early stages of development and use of AI-Powered Services is, ultimately, at your own risk. There are rapid legal developments in the AI space and Hootsuite may amend the Hootsuite AI Terms from time to time to reflect new laws and market developments.
These Hootsuite AI terms (the “AI Terms”) apply to your use of our AI-Powered Services (as defined below) part of the Enterprise Services or Self-Serve Services (each, the “Services”), as applicable, and are incorporated into, and form part of, the terms applicable to your access and use of the Services (the “Terms”). Capitalized terms not defined in these AI Terms have the meanings given to them in the Terms. In the event of a conflict between the Terms and the AI Terms, the AI Terms will apply. Hootsuite may update the AI Terms from time to time. You are responsible for regularly reviewing the most current version of the AI Terms. When we change the AI Terms, we will update the “Last Modified” date above.
1. Hootsuite Terminology.
“AI-Powered Services” are product features accessible in the Services offering artificial intelligence capabilities including, but not limited to, OwlyWriter AI and Hootsuite Listening.
“AI Functionality” is the underlying artificial intelligence functionality enabling the AI-Powered Services.
“AI Service Providers” are third-party service providers that Hootsuite relies on to provide certain AI Functionality. A list of AI Service Providers is available at https://www.hootsuite.com/legal/ai-provider-list.
“Outputs” are any information and data (such as, but not limited to, text, images, photos, videos, audio and documents) generated by the AI-Powered Services based on any Content inputted into or connected to (for example, via API) an AI-Powered Service.
2. Customer Content and Outputs.
(a) Transfers of Customer Content to AI Service Providers. When you use any AI-Powered Services, you (a) permit us to submit Customer Content to an AI Service Provider; (b) grant the AI Service Provider permission to access or otherwise process your Customer Content for the operation of the AI-Powered Service; and (c) acknowledge that some AI Service Providers do not consider such Customer Content submitted to them to be Confidential Information. We will not be liable for disclosure, unauthorized access, loss, misuse, use, changes to, or deletion of the data associated with your Customer Content or for losses or damages you may suffer from access to such data by an AI Service Provider.
(b) Outputs. To the extent that any intellectual property rights exist in the Outputs, Hootsuite acknowledges all such intellectual property rights in and to such Outputs belong to you. To the extent that you use, publish, post or display any Outputs or parts of Outputs on or through the Services , such Outputs are deemed to be Customer Content. You and anyone else who accesses our AI-Powered Services may access Outputs that might be unlawful, offensive, biased, harmful, inaccurate or otherwise inappropriate. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, RELIABILITY AND APPROPRIATENESS OF THE OUTPUTS FOR YOUR USE, INCLUDING BY HUMAN REVIEW, IF APPROPRIATE. HOOTSUITE DOES NOT WARRANT OR REPRESENT THAT OUTPUTS WILL BE ORIGINAL OR UNIQUE AND DOES NOT ACCEPT ANY LIABILITY OR RESPONSIBILITY ARISING IN ANY WAY FROM YOUR USE OF THE OUTPUTS OR ANY OMISSIONS OR ERRORS CONTAINED IN THE OUTPUTS. USE OF AI-POWERED SERVICES IS AT YOUR OWN RISK.
(c) Service Improvements. Notwithstanding anything to the contrary in the Terms, Customer agrees and instructs that Hootsuite may use Customer Content and Outputs to develop and improve the capabilities of the AI-Powered Services (including Hootsuite’s machine-learning technologies), both during and after the term of the Agreement, provided that such data is not shared with any other customer or third party (except for the purposes of providing and improving the Services).
3. No Warranties, Indemnities or Service Level Agreement for AI-Powered Services.
Notwithstanding anything to the contrary in the Terms, we may remove, modify, replace the AI Service Provider and/or the AI Functionality of any AI-Powered Service for any reason (including, but not limited to, changes in applicable law, regulations or government orders or sanctions) at our sole discretion. The representations, warranties, indemnities and service level commitments that Hootsuite provides to you in respect of the Services do not apply to the AI Functionality provided by AI Service Providers. Notwithstanding anything to the contrary in the Terms, under no circumstances will Hootsuite be liable for the acts or omissions of any AI Service Provider including the failure of any AI Functionality in the AI-Powered Services.
4. AI Acceptable Use.
Use of AI-Powered Services and/or any Outputs is subject to restrictions. It is strictly prohibited to use the AI-Powered Services for unlawful purposes, including but not limited to the violation of any local, state, national, or international law or regulation. This includes the transmission of any data that is illegal, defamatory, harassing, fraudulent, or infringing on the rights of others. Furthermore, AI-Powered Services and/or any Outputs must not be used to develop competing models or functionalities, mislead others into believing that the Output was solely human-generated, generate spam, or in a manner that violates any technical documentation, usage guidelines, or parameters. Violation of these use restrictions may lead to the suspension or termination of your access to the AI-Powered Services.
Since we rely on AI Service Providers to provide the AI-Powered Services, you also agree to use the AI-Powered Services in compliance with any usage restrictions as well as any terms and conditions applicable to the relevant AI Service Provider described in Hootsuite’s Acceptable Use Rules published at: https://www.hootsuite.com/legal/acceptable-use.