These AI terms and conditions ("AI Terms") are entered into by and between Trailyn Ventures, LLC ("Trailyn") and govern the use of the artificial intelligence ("AI") features available through the Trailyn platform ("AI Feature"). These AI Terms form an integral part of the Trailyn Customer Agreement ("Agreement"). Terms used but not defined herein shall have the meanings assigned in the Agreement.
- Acceptance of the AI Terms
THESE AI TERMS, TOGETHER WITH THE AGREEMENT AND ANY ADDITIONAL POLICIES, SET FORTH THE TERMS UNDER WHICH THE CUSTOMER MAY USE THE AI FEATURE. BY USING THE AI FEATURE, THE CUSTOMER ACKNOWLEDGES THAT THEY HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE AI TERMS. IF THE CUSTOMER IS ACTING ON BEHALF OF A COMPANY OR ORGANIZATION, THEY REPRESENT THAT THEY HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE AI TERMS.
The Customer further acknowledges and understands that the OpenAI Terms of Service govern the use of the AI Feature, available here: https://openai.com/policies/terms-of-use (“OpenAI Terms”).
- License and Subscription
Trailyn grants the Customer a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to use the AI Feature. There are two tiers of usage:The use of the AI Feature is subject to compliance with all applicable laws and these AI Terms. The AI Feature is not mandatory, and the Trailyn platform may be used without enabling the AI Feature. Trailyn reserves the right to adjust subscription fees upon providing prior written notice.- Free Tier: Customers can use the AI Feature with limited functionality at no cost.
- Subscription Tier: A paid monthly subscription provides access to enhanced AI features and increased usage limits.
- Content
The output generated by the AI Feature (“Output”) is based on data processed through the platform (“Input”), collectively referred to as "Content". The Customer owns the Input and is granted rights, title, and interest in the Output, subject to applicable laws and OpenAI Terms. The Content may be used for lawful purposes, including commercial uses, at the Customer’s own risk. It is recommended to disclose that the Output was generated by AI tools before publication. - Accuracy
Trailyn does not guarantee the accuracy of any Output generated by the AI Feature. As AI is probabilistic in nature, there may be inaccuracies or errors. The Customer is responsible for evaluating the accuracy of any Output and should not rely on Trailyn to do so. - Acceptable Use Policy ("AUP")
The Customer agrees that they will not, and will not authorize anyone else to:(a) Mislead others into thinking that Content generated by the AI Feature was created by humans;
(b) Use the AI Feature to create harmful, deceptive, or illegal content;
(c) Use the AI Feature for high-risk economic activities, adult content, political lobbying, health advice, or financial guidance without expert review;
(d) Infringe upon the rights of third parties;
(e) Attempt to reverse-engineer the AI Feature’s underlying technology;
(f) Develop competing AI models based on the AI Feature;
(g) Use web scraping or other data extraction methods not permitted through the API. - Third-Party Providers
The AI Feature is provided through third-party services, currently utilizing OpenAI technology. Input may be used by OpenAI for model training unless opted out. Inputs may also be reviewed manually by third parties. The Customer should not provide sensitive information, and Trailyn assumes no responsibility for the handling of such data by third-party providers.
IN ADDITION TO DISCLAIMERS IN THE AGREEMENT, THE AI FEATURE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TRAILYN MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OPERATION OR RESULTS OF THE AI FEATURE, AND SHALL NOT BE HELD LIABLE FOR ANY ERRORS, OMISSIONS, OR DAMAGES ARISING FROM ITS USE.
- Feedback
The Customer may submit feedback regarding the AI Feature to: support@trailyn.com ("Feedback"). By submitting Feedback, the Customer grants Trailyn a perpetual, irrevocable, worldwide license to use such Feedback to improve its services.
Web address: https://www.trailyn.com/ai-terms/
Date of publication: 15 September 2024
Effective date: 15 September 2024 (31 October 2024 for customers who signed up before 15 September 2024)